Petition filed under Section 438 Cr.P.C.
2. According to the petitioners, they are apprehending arrest in connection with O.R.No.38 of 2014 of the Kumily Forest Range, registered for the offence punishable under Section 27 of the Kerala Forest Act.
3. It is alleged that A1 to A3 have trespassed into the reserve forest and cut and removed certain forest trees and they brought it and supplied it to A4, who is running a sawmill. Petitioners 5 to 7 are employees of the sawmill.
4. Heard learned Senior Counsel for the petitioners and learned Additional Director General of Prosecution.
5. The main allegations are against A1 to A3, who are petitioners 1 to 3 herein. It is alleged that they have trespassed into the reserve forest and cut and removed forest B.A. No.8403 of 2014 2 trees. They are allegedly absconding. The Additional DGP had made it clear that the forest officials interrogated petitioners 4 to 7 and their statements have been recorded. It seems that the custodial interrogation of the petitioners 4 to 7 is not required for the continued investigation of this case. At the same time, the forest officials could not interrogate petitioners 1 to 3 for the continued investigation of this case. It seems that the custodial interrogation of petitioners 1 to 3 is required. Matters being so, they are not entitled to the discretionary relief of anticipatory bail. At the same time, anticipatory bail can be granted to petitioners 4 to 7.
In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of the petitioners 4 to 7, is directed to enlarge petitioners 4 to 7 on bail in the event of their arrest on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
B.A. No.8403 of 2014 3
(i) Petitioners 4 to 7 shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 23.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) Petitioners 4 to 7 shall not tamper with the evidence or influence witnesses.
(iii) Petitioners 4 to 7 shall make themselves available for interrogation as and when required by the investigating officer.
(iv) Petitioners 4 to 7 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.
This bail application as far as petitioners 1 to 3 is concerned, is dismissed.
B. KEMAL PASHA JUDGE DSV/19/12