Dismissed

Elias and Others v. State of Kerala

Kerala HC24 Mar 2010Bail Appl./241/2010

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application for anticipatory bail filed by three accused persons. The court held that since the petitioners failed to comply with a previous order directing them to appear before the investigating officer, this was not a fit case for granting relief.

What did the court decide?

Disposal of the bail application was dismissed due to non-compliance with prior directions to appear before the investigating officer.

Elias and Others Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932

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Bail Appl..No. 241 of 2010

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O.R.NO.20 OF 2009 OF ALATHUR FOREST RANGE, PALAKKAD DISTRICT

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APPLICANTS/ACCUSED NOS.4,1 & 2

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ELIAS, AGED 49 YEARS, S/O.VARGHESE, ERANGOTTU HOUSE, ATTAVADY, OLIMKADAVU POST, MANGALAM DAM, ALATHUR TALUK, PALAKKAD DISTRICT.

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SADASIVAN, S/O.MADHAVAN, MANGHAT HOUSE, PANDIKADAVU, OLIMKADAVU POST, KIZHAKKENCHERY, ALATHUR TALUK, PALAKKAD DISTRICT.

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LINESH RAJAN, S/O.RAJAN, AGED 27 YEARS, KOCHUMADAYIL HOUSE, PANDIKADAVU, OLIMKADAVU POST, KIZHAKKENCHERY, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.VIPIN NARAYAN

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RESPONDENT: RESPONDENT

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.V.TEKCHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NO. 241 OF 2010

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-----------------------------------------------------Dated this the 24^th day of March, 2010

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4, 1 and 2 in O.R.No.20 of 2009 of Alathur Forest Range, Palakkad District.

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

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The prosecution case is that on 1.10.2009, the accused persons cut and removed two teak trees from UTT Plantations, Alathur Range, which is a vested forest.

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When the Bail Application came up for hearing on

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1.3.2010, the following order was passed:

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“After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an

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B.A. NO. 241 OF 2010

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:: 2 ::

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opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 8^th and 9^th March, 2010. The petitioners shall produce a copy of the order before the investigating officer.

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Post on 15^th March, 2010.

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It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with O.R.No.20 of 2009 of Alathur Forest Range, Palakkad District.”

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It is submitted that the petitioners have not complied with the direction in the order dated 1.3.2010. Therefore, the petitioners are not entitled to any discretionary relief in this Bail Application. I do not think that this is a fit case where anticipatory bail can be granted to the petitioners.

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For the aforesaid reasons, the Bail Application is dismissed.

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(K.T.SANKARAN) Judge

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ahz/

Elias and Others v. State of Kerala

Case brief

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Elias and Others v. State of Kerala

Case brief

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