~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in O.R.No.3/2014 of Mayannoor Forest Station, Thrissur district registered for the offences punishable under Sections 47(a) to (h) and 52 of the Kerala Forest Act, 1961.
3. The allegation against the petitioner is that on 15.10.2014 he had kept in his possession 120 pieces of sandalwood weighing 47 Kgs. in a shed attached to his house, in contravention of the provisions of the Kerala Forest Act.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that the petitioner has purchased the said quantity of sandalwood from the Juma-At Committee of Attoor Juma-At and the said sandalwood was collected from the sandalwood tree standing in the burial ground of the Jama- At. It is common knowledge that in most of the burial grounds of the Muslim Mahals, such sandalwood trees are there. At the same time, nobody has the right to cut and remove those trees without valid permission in accordance with law. It is the fact that without knowing the consequences, the petitioner had purchased the said quantity of sandalwood from the Juma-At Committee.
It has been pointed out that the petitioner is suffering from serious ailments. Medical records are also produced. Even though this is not a fit case wherein anticipatory bail can be granted, this Court is of the view that, considering the ailments of the petitioner and the facts and circumstances noted above, necessary directions can be given to the court below to consider the bail application and pass appropriate orders on the date of its filing before the court below.
In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/19/12 // True Copy // PA to Judge