The High Court of Kerala dismissed an anticipatory bail application filed by an accused charged under the Kerala Forest Act for his alleged role in an offence involving the sale of teak trees from a forest plantation.
The bail application was dismissed; anticipatory bail was not granted.
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 MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934 Bail Appl..No. 3436 of 2012 (D)
------------------------------------------[O.R. NO.3/12 OF VANDANPATHAL FOREST STATION]
PETITIONER:
JOSE FRANCIS, AGED 54 YEARS, S/O.FRANCIS, KALLAMMAKKAL HOUSE,PARATHANAN, KUTTIKKAL,KOTTAYAM,PIN-686 514.
BY ADV. SRI.BENNY JOSEPH.
RESPONDENT:
STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31, (O.R.3/12 OF VANDANPATHAL FORESTSTATION).
BY PUBLIC PROSECUTOR SRI. SREEJITH . V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
N.K.BALAKRISHNAN, J.
==================
B.A.No. 3436 of 2012
========================= Dated this the 11th day of June, 2012
ORDER
Petitioner is the accused in O.R.No.3/2012 of Vandanpathal Forest Range. The offences alleged against him are under Secs.27(1) e (iii) and (iv) of Kerala Forest Act. There is a teak plantation by name '1964 teak plantation' in 100 acres which is held by the Forest Department. It was alleged that the accused persons attempted to sell the teak trees existing in the entire property for a sum of Rs.40 crores. For that purpose, this petitioner was stated to have shown the teak plantation to the persons who offered to purchase the teak trees. The allegation is that this petitioner and others nailed small flex/ number boards to each teak tree to make it appear that those are the teak trees sold to the purchasers who came from Malappuram district.
B.A.No.3436/2012
: 2 :
that the petitioner is a school teacher and that he had no knowledge regarding the incident. But the record shows that he was also a party to the aforesaid offending act. It was with his help small number boards were affixed on the trees by fixing it with nails. The people of the locality when came to know about the act of the accused rose to the occasion and acted alerted and swiftly. They informed the forest officers. Their act is worthy of appreciation and commendation. It was because of their timely action this fraud could not be perpetrated by the 'forest mafia' who agreed to cut and remove the teak trees situated in the 100 acres of teak plantation.
Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. Hence, it is dismissed.
N.K.BALAKRISHNAN, JUDGE
das
3 issues framed by the court
Whether anticipatory bail should be granted to the accused facing charges under sections 27(1)(e)(iii) and (iv) of the Kerala Forest Act for allegedly participating in the sale of forest trees.
Whether the gravity of the offence concerning the alleged sale of 1964 teak plantation justifies a refusal of bail.
Whether the anticipatory bail application filed by the accused under Section 438 CrPC (implied) succeeds.
1 provisions across 1 enactments
JOSE FRANCIS
STATE
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
