High Court of Kerala allowed anticipatory bail application for CEO and Group Manager accused of forest encroachment, permitting interrogation instead of arrest on bond with conditions.
Application allowed; accused to execute bond for Rs.50,000 each with sureties and appear for interrogation; 20 subjects.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
Bail Appl..No. 4656 of 2018
CRIME NO.1/2018 OF MUPLIYAM FOREST STATION, THRISSUR
PETITIONER/ACCUSED:
1 N.DHARMARAJ, AGED 66 YEARS, S/O SUBRAMANIAN NARENDRANATH, CHIEF EXECUTIVE OFFICER, M/S HARRISONS MALAYALAM LTD, RESIDING AT HML BUNGALOW, BEACH ROAD, FORT KOCHI.
2 TONY THOMAS, S/O G.THOMAS, AGED 46 YEARS, GROUP MANAGER, HARRISONS MALAYALAM LTD., MOOPLY ESTATE, KARIKULAM, P.O PALAPILLY, THRISSUR.
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJAY BEN JOSE SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682030.
2 RANGE FOREST OFFICER VELLIKULANGARA RANGE, MUPLIYAM FOREST STATION.
BY SRI.SANDESH RAJA, SPECIAL GOVERNMENT PLEADER (FORESTS)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
the aforesaid crime to put up a residential building in a property having an extent of about 0.0432 hectares. The property has been valued at Rs.1.5 lakhs and the building situated therein was valued at Rs.4 lakhs.
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gone through the materials made available. It is clear from the materials that a residential building has been constructed by the 1st accused in the forest land. The question is whether the same has been put up in the forest land outside the area possessed by the applicants or inside the leasehold area. At any rate, necessary steps are to be taken to clear the buildings which have been constructed by the 1st accused without the sanction of law. The allegation against the applicants is that they have consented to the encroachment in portions leased out to them. For investigating into that aspect, the custodial interrogation of the applicants does not appear to be necessary. I am inclined to allow this application on conditions.
In the result, this application will stand allowed. The applicants shall appear before the Investigating Officer within ten days from 15.10.2018 and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. However, the above order shall be subject to the following conditions:
(i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on every
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Saturdays between 9 A.M and 11 A.M. for a period of two months or till final report is filed whichever is earlier.
ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
iii) They shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP
//TRUE COPY// P.A TO JUDGE
2 issues framed by the court
Whether anticipatory bail should be granted to the accused CEOs and Group Manager for alleged encroachment of forest land.
Whether custodial interrogation can be avoided for persons in responsible positions without immediate arrest.
3 provisions across 3 enactments
N.DHARMARAJ
TONY THOMAS
THE STATE OF KERALA
RANGE FOREST OFFICER VELLIKULANGARA RANGE
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
