Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.367 of 2014 of the Rajapuram Police Station, registered for the offence punishable under Section 379 IPC.
3. The allegation against the petitioner is that after taking a contract for cutting and removing 56 dried cashew trees from the Rajapuram Estate Painikkara of the Plantation Corporation of Kerala Ltd., the petitioner cut and removed 61 dried cashew trees, thereby he has committed theft of 5 cashew trees worth ₹10,000/- and thereby causing a wrongful loss of ₹10,000/- to the Plantation Corporation of Kerala Ltd.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. According to the petitioner, he has not cut and removed all the trees sold to him and that 9 more trees are remaining to be cut and removed. Those matters do not arise for consideration in this case at present when there is an allegation that 5 more trees, which were not earmarked, were cut and removed by the petitioner. Those trees allegedly cut and removed were also dried cashew trees. The quantum of loss is also made known as ₹10,000/-. Considering the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner by making a provision for compensating the loss sustained to the defacto complainant.
6. In the result, this bail application is allowed and the investigating officer or such other police 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 deposit an amount of ₹10,000/- (Rupees Ten Thousand only) before the court below within seven days from today.
(ii) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 13.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) 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.
DSV/10/12 Sd/-
B.KEMAL PASHA, JUDGE // True Copy // P.A. To Judge