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[Cites 2, Cited by 10]

Kerala High Court

Chacko Kuriakose vs State Of Kerala on 19 July, 2011

Author: K.T.Sankaran

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5394 of 2011()


1. CHACKO KURIAKOSE, S/O.KURIAKOSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

                For Petitioner  :SRI.SUMAN CHAKRAVARTHY

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/07/2011

 O R D E R
                      K.T.SANKARAN, J.
                   ---------------------------------
                    B.A. No.5394 OF 2011
                   ---------------------------------
             Dated this the 19th day of July, 2011


                              ORDER

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the 14th accused in O.R.No.21 of 2010 of the Machiplavu Forest Station, Idukki District.

2. The offence alleged against the petitioner is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act.

3. On 6.11.2011, the forest officials detected a stump of rosewood tree within the reserve forest. The prosecution case is that the rosewood tree was cut and removed by the accused in the vehicle owned by the petitioner. The learned Public Prosecutor submitted that the petitioner is the king pin in the offence.

4. The offence alleged against the accused is grave in B.A. No.5394 OF 2011 2 nature. In a case of this nature, if anticipatory bail is granted, it would seriously affect the proper and smooth investigation of the case. I do not think that this is a fit case were anticipatory bail can be granted to the petitioner.

For the aforesaid reasons, the Bail Application is dismissed.

K.T.SANKARAN, JUDGE.

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