Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 29TH DAY OF SEPTEMBER 2023 / 7TH ASWINA, 1945 BAIL APPL. NO. 7896 OF 2022 CRIME NO.1 OF 2022 IN KOTTIYOOR FOREST RANGE OFFICE, KANNUR PETITIONER/ACCUSED NO.2: NIDHEESH AGED 38 YEARS SON OF GOVINDAN, KALLINGACHAL HOUSE, KODOLLIPRAM, PATTANNUR, KANNUR DISTRICT, PIN - 670595 BY ADV V.BINOY RAM
RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SMT.T.V.NEEMA, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 7896 of 2023 2
MOHAMMED NIAS C.P, J.
--------------------------------------------- B.A. No. 7896 of 2023 ------------------------------------------------------ Dated this the 29th day of September , 2023.
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail.
2. The petitioner herein is the second accused in Crime No.1 of 2022 of Kottiyoor Range registered for the offences punishable under Sections 47A, 47B, 47C, 47F, 47G, 47H, 52 and 61A of the Kerala Forest Act, 1961.
3. The prosecution case is that, on 09.01.2022, near
Concord Arts & Science College, Nayattupara, Pattanur Amsom, while the petitioner along with two other accused persons was cutting sandal wood trees into pieces and trying to transport the same for sale, the Officials attached to the Forest Range Office, Kottiyoor came to the place and the 1st accused was caught red- handed and other accused ran away from the place of the incident. The Officials then seized the contraband articles and prepared the mahazar and registered the above case.
B.A. No. 7896 of 2023 3
4. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
5. Taking into account the allegations levelled against the
petitioner under the Forest Act, I do not think that this is a fit case to grant regular bail as it might hamper the investigation. The bail application is hence dismissed and the following directions are issued:- In the event the petitioner surrenders before the
Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no
order has been passed in this case.
Sd/- MOHAMMED NIAS C.P smv JUDGE BAIL APPL. 7896/2022 4 APPENDIX OF BAIL APPL. 7896/2022 PETITIONER’S ANNEXURES
Annexure1 TRUE COPY OF WOUND CERTIFICATE DATED 09-01-2022 Annexure 2 TRUE COPY OF DISCHARGE SUMMARY DATED 13-01-2022 Annexure 3 TRUE COPY OF PRESCRIPTION DATED 17-01-2022 Annexure 4 TRUE COPY OF PRESCRIPTION DATED 24-01-2022 Annexure 5 TRUE COPY OF PRESCRIPTION DATED 06-05-2022 Annexure 6 TRUE COPY OF PRESCRIPTION DATED 11-09-2022