High Court of Kerala dismissed two anticipatory bail applications filed by a petitioner accused of purchasing sandalwood trees. The Court held that anticipatory bail was inappropriate and directed the petitioner to surrender and seek regular bail within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 11TH DECEMBER 2006 / 20TH AGRAHAYANA 1928
Bail Appl..No. 7119 of 2006() ----------------------------CRMP.1151/2006 of SESSIONS COURT, WYNAD, KALPETTA O.R.NO.8/06 OF KUPPADI FOREST RANGE.
: PETITIONER/5TH ACCUSED --------------------------------------K.ABDULLAKUTTY, S/O.AHAMMADUNNI, AGED 68 YEARS, KALARIKANDY HOUSE, NOOLPUZHA P.O., SULTHAN BATHERY TALUK, WAYANAD DISTRICT.
BY ADV. SRI.JIJO PAUL
RESPONDENT: STATE
THE STATE OF KERALA, REP. BY THE ASSISTANT WILD LIFE WARDEN, SULTHANBATHERY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
BY PUBLIC PROSECUTOR SHRI JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2006, ALONG WITH BA NO.7127 OF 2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.RAMKUMAR, J.
B.A.Nos. 7119/06 & 7127/06
DATED THIS THE 11TH DAY OF DECEMBER, 2006
O R D E R
The common petitioner in these applications for anticipatory bail is the 5th accused in O.R.Nos. 8/06 and 9/06 of Kuppady Forest Range. In O.R.No.8/06, the case of the prosecution is that on 4.10.2006, five sandal wood trees were cut and removed and the petitioner herein is the alleged purchaser. O.R.No.9/06 relates to the cutting of one sandal wood tree on 7.10.2006. The petitioner is alleged to be the purchaser of that tree as well. The petitioner would contend that he has been falsely implicated on the strength of the statement made by the 4th accused in both the cases to the effect that the sandal wood trees which were cut were purchased by the petitioner herein.
nothing to do with the sandal wood trees cut from the reserve forest. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Anticipatory bail cannot be granted in a case of this nature,
B.A.Nos.7119/06 & 7127/06
Page numbers
where the forest wealth is plundered by anti-social elements. If
the petitioner surrenders before the Magistrate concerned and files applications for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which they are filed.
With this direction, these applications are dismissed.
V.RAMKUMAR, JUDGE
dsn
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner accused of purchasing prohibited sandalwood trees from a reserved forest.
Whether the petitioner should be directed to seek regular bail instead of anticipatory bail in a case involving forest wealth plunder.
K.ABDULLAKUTTY
STATE
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
