Allowed

Kunjumon Thomas v. State of Kerala

Kerala HC17 Feb 2022Bail Appl./4911/2021

Case brief

AI extract

What is this about?

Bangalore Bench. High Court of Kerala. This bail application was allowed granting anticipatory bail to four accused persons charged with cutting trees in forest land. The court imposed conditions including a bond of Rs. 2,00,000 each with sureties.

What did the court decide?

Petitioners granted anticipatory bail on execution of bond for Rs. 2,00,000 each with two solvent sureties each for the like amount, subject to conditions under Section 438(2) CrPC.

Kunjumon Thomas Vs State of Kerala — Property and Title | Kerala HC (2022)

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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 P.G. AJITHKUMAR

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THURSDAY, THE 17^TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943

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BAIL APPL. NO. 4911 OF 2021

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(CRIME NO.1309 OF 2019 OF RANNI POLICE STATION,

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PATHANAMTHITTA)

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PETITIONERS:

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1 KUNJUMON THOMAS AGED 60 YEARS, S/O. THOMAS, MURIYAMKORIL HOUSE, CHETHACKAL, RANNY,

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PATHANAMTHITTA - 689 672.

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2 M.T. ABRAHAM, AGED 56 YEARS, S/O. THOMAS, MARIYAMKORIL, NEERATTUKADAVU, CHETHACKAL, RANNI, PATHANAMTHITTA - 689 672.

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3 SIJU THOMAS, AGED 28 YEARS, S/O KUNJUMON, MURIYAMKORIL HOUSE, CHETHACKAL, RANNY, PATHANAMTHITTA-689 672.

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4 BABU V.T., AGED 46 YEARS, S/O. THOMAS, THAZHATHEKUTTU, CHETHACKAL, RANNY, PATHANAMTHITTA - 689 672.

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BY ADVS. K.R.VINOD M.S.LETHA

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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SMT MAYA M.N.-PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR FINAL HEARING ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.4911 of 2021

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P.G. AJITHKUMAR, J.

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----------------------------------------------------------B.A.No. 4911 of 2021

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----------------------------------------------------------Dated this the 17^th day of February, 2022

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioners are accused in Crime No.1309 of

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2019 of Ranni Police Station, Pathanamthitta. The offences alleged are under Sections 447 and 379 read with Section 34 of the Indian Penal Code, 1860.

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The allegations are that the petitioners in May, 2019 cut and removed trees standing in Revenue Puramboke land of Chethackal village, having an extent of 4.3440 hectares. The F.I.R. was lodged on 19.11.2019.

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Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

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The learned counsel for the petitioners would contend that with respect to the same incident, another crime as O.R.No.6 of 2020 of Karikulam Forest Station, was registered by the forest officials, with respect to which

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B.A.No.4911 of 2021

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application for anticipatory bail was filed by the petitioners before this Court as B.A.No.5580 of 2020. This Court after a detailed consideration of the matter, as per order dated 28.05.2021, directed to release the petitioners on bail in the event of their arrest, on imposing a few conditions. The learned counsel submits that in view of that fact, the petitioners are entitled to be released on bail in Crime No.1309 of 2019 of Ranni Police Station as well.

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The learned Public Prosecutor, on the other hand, would submit that the offences involved are grave in nature, inasmuch as a large number of trees were cut and removed from the land purported to be in the custody of Revenue Department. The investigation in the matter has not yet progressed much for want of arrest and interrogation of the petitioners. To whom the timber was sold and in what manner the acts of offence were committed, etc. could be probed into, only if custodial interrogation of the petitioners is done.

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The learned counsel appearing for the petitioners

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invited my attention to Section 67 of the Kerala Forest Act,

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B.A.No.4911 of 2021

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Section 67 enables criminal prosecution with respect to an act that constitutes an offence under the Forest Act, and also under other laws if the acts constitute offence under such other law also. That provision is, however, subject to the proviso that no person shall be prosecuted and punished twice for the same offence. A person accused of an offence cannot be tried twice for such offence in view of the bar created under Section 300 of Cr.P.C. and also owing to the bar under Article 20(3) of the Constitution of India. Of course, if the acts in question constitute distinct offences, that bar will not be attracted.

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As per order dated 28.05.2021, this Court discussed in detail the gravity of the offence and the stage of investigation in the matter. However, this Court ordered to grant anticipatory bail to the petitioners. For the furtherance of the investigation in Crime No.1309 of 2019 and filing a final report, interrogation of the petitioners is certainly required. Taking into account all such matters, I am of the view that the petitioners can be granted anticipatory bail on certain conditions.

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B.A.No.4911 of 2021

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In the above circumstances, this bail application is allowed and in the event of the petitioners are being arrested, they shall, after interrogation, be released on bail on execution of bond for Rs.2,00,000/- (Rupees two lakhs only) each, with two solvent sureties each for the like amount to the satisfaction of the arresting officer, subject to the conditions under Section 438(2) of Cr.P.C.

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Kunjumon Thomas v. State of Kerala

Case brief

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Kunjumon Thomas v. State of Kerala

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