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KABEER, THOTTAKKARA, AGE 37 YEARS versus STATE OF KERALA, REP. BY PUBLIC

High Court of Kerala

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KABEER, THOTTAKKARA, AGE 37 YEARS v. STATE OF KERALA, REP. BY PUBLIC - Bail Appl No. 1962 of 2007 [2007] RD-KL 7531 (11 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1962 of 2007()

1. KABEER, THOTTAKKARA, AGE 37 YEARS,
... Petitioner

2. SULAIMAN, THOTTAKKARA, AGE 44,

3. RAJU THOMAS, KUZHUMPLACKAL,

4. JOSEPH THOMAS, AGED 23, MALAYAPARAMBIL,

Vs

1. STATE OF KERALA, REP. BY PUBLIC
... Respondent

For Petitioner :SRI.T.A.UNNIKRISHNAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :11/04/2007

O R D E R

V.RAMKUMAR, J.

Bail Application No. 1962/2007 Dated this 11th day of April, 2007

O R D E R

The petitioners, who are accused Nos. 1, 2, 4 and 3 respectively in O.R.No.2/2007 of Murinjapuzha Forest Station for an offence punishable under Section 27(i)(e)(iii) and (iv) of the Kerala Forest Act, 1961, seek anticipatory bail.

2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioners had trespassed upon the reserve forest and cut and removed a rosewood tree.

3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer, namely Forest Range Officer, Erumeli, for the purpose of interrogation and then to have their application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 18.4.2007 and 20.4.2007 for the purpose of interrogation. The petitioners shall thereafter, be produced on B.A.1962/2007 2 the same day before the Magistrate having jurisdiction, who shall shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which the applications are filed. The application is disposed of as above. V.RAMKUMAR,

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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