Accused in O.R.No.01/2014 of Anakkulam Forest Range have filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the accused persons trespassed into the reserve forest and cut two trees which were fallen in the forest area and thereby, they have committed the offence punishable under Section 27(1)(e) iii and iv of Kerala Forest Act.
3. The Counsel for the petitioner submitted that the petitioners have not committed any offence and no loss has been caused to the Government on account of the alleged act and no live tree has been cut and removed from any alleged forest area and dried fallen dead tree was taken for the purpose of firewood by the petitioners. So, he prayed for allowing the application. It is further submitted that it is for any reason this court feels that they are not entitled to get anticipatory bail, then, a direction may be given to the magistrate to consider and dispose of the bail application on B.A.No.9106 of 2014 : 2 :
the date of filing the application itself.
4. The application was opposed by the Public Prosecutor.
5. On going through the allegations, this court felt that it is not a fit case to invoke the power under Section 438 of Code of Criminal Procedure as it relates to removal of tree from the forest area. However, if the petitioners surrender before the court below, it is for the magistrate to consider and dispose of the bail application in accordance with law. So, if the petitioners surrender before the magistrate concerned and move for regular bail, then, the learned magistrate is directed to consider and dispose of the bail application as far as possible on the date of filing the application itself after hearing the Assistant Public Prosecutor of that court in accordance with law.
With the above direction and observation, the application is dismissed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge