~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the third accused in OR No.8/2013 of Meppadi Forest Range Office registered for the offences punishable under Sections 27(1) (e), (1) (iv) and 84 of the Forest Conservation Act 1980. The allegation against the petitioner and other accused is that they have widened the mud road passing through the forest and thereby trespassed into the portions of the forest.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. The learned counsel for the petitioner has pointed out that the petitioner is the Secretary of Vythiri Grama Panchayath and he had nothing to do with the incident. In fact, no damage has been done by widening the road which is already in existence.
4. Considering the facts and circumstances, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. No criminal antecedents have been reported against the petitioner. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Sundays commencing from 9-11-2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
(B.KEMAL PASHA, JUDGE) dpk +++