The Kerala High Court granted anticipatory bail to three accused alleged of purchasing and removing a rose wood tree from Cardamom hill reserve. The court found it fit and proper to grant bail pending clarifications on the nature of the land.
Anticipatory bail granted subject to surrender within 7 days and execution of bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930
Bail Appl..No. 5300 of 2008(B) ------------------------------------O.R.NO.24/2008 OF KANCHIYAR FOREST STATION
APPLICANTS/ACCUSED :
BY ADV. SRI.P.VIJAYA BHANU
SRI.VIPIN NARAYAN
RESPONDENT/COMPLAINANT :
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REP. BY FOREST RANGE OFFICER KANCHIYAR FOREST STATION.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
B.A. No.5300 OF 2008
Dated this the 17th day of October, 2008
O R D E R
This petition is for anticipatory bail.
B.A.5300 of 2008
2
the “Cardamom hill reserve”. Only if a tree is cut and removed from a “forest”, the offences will be attracted. Admittedly, the hill reserve is in the possession of the first accused, from whom, the petitioners allegedly purchased the tree. It is also submitted that the petitioners have not cut the tree, but only a dry tree was removed and the prosecution records will show that it was a dry tree. It is also pointed out that if a rose wood tree is cut and removed from Cardamom hill reserve, only a permission need be taken from the authorities for such removal and if such permission is sought for, the authorities are bound to give the same, as per section 5 of Kerala Preservation of Trees Act. Probably, the first accused did not take such permission, and that is the only reason for registering the case, and the offence under Section 27 is included, with a view, to harass the petitioners, it is submitted.
B.A.5300 of 2008
3
offence is clearly attracted. As per the allegations, the tree was cut and thereafter it was removed and the offence was detected only much later and by the time, the tree became dry but it does not mean that no offence is committed. Taking into consideration, the serious nature of the offences committed, anticipatory bail may not be granted, it is submitted.
On hearing both sides, I find that there is an arguable case, regarding the nature of the property from where the tree was cut and the involvement of Section 27 of Forest Act which is the only non-bailable offence. In the above circumstances, I find that it is fit and proper to grant anticipatory bail and the following order is passed :
The petitioners shall surrender before the Investigating Officer within 7 days from today and in the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/each with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions :
B.A.5300 of 2008
4
The petition is allowed.
K.HEMA, JUDGE
pac
2 issues framed by the court
Whether anticipatory bail can be granted in a case involving alleged violation of Kerala Forest Act and Kerala Preservation of Trees Act.
Whether the nature of the property where the tree was cut affects the attraction of the offence.
2 provisions across 2 enactments
BAINU THOMAS
BINU JOSEPH
SUBIN JACOB
STATE OF KERALA
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
