Kerala High Court

Bail Appl./7996/2007 of BENNY Vs STATE OF KERALA on 24 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7996 of 2007 ----------------------------- PETITIONER/ACCUSED ----------------------------------- BENNY, S/O.KURIAN, KANIPPALLI HOUSE, MUNDOOR P.O.,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929

Bail Appl..No. 7996 of 2007

-----------------------------

PETITIONER/ACCUSED

-----------------------------------

BENNY, S/O.KURIAN, KANIPPALLI HOUSE,

MUNDOOR P.O., KODANCHERY, KOZHIKODE DISTRICT.

BY ADV. SRI.SUNNY MATHEW

RESPONDENT: COMPLAINANT

------------------------

STATE OF KERALA THROUGH THE FOREST

RANGE OFFICER, THAMARASSERY,

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.S.U.NAZAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 24/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V.K.MOHANAN, J.

--------------------------------

Bail Application No. 7996 2006

--------------------------------

Dated this the 24[th] day of December, 2007

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O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner,who is the sole accused in C.R. No.31/2007 of ThamarasseryForest Range for an offence punishable under section 27 of theKerala Forest Act on the allegation that the petitioner hadencroached into the reserve forest and had cultivated the landbelonging to the forest department, seeks anticipatory Bail.

2. The learned Public Prosecutor opposed theapplication.

3. Anticipatory bail cannot be granted in a case involvingsuch grave offence. It is too early to accept the petitioner'scontention that the petitioner has been falsely implicated. Thereis no reason why the petitioner should not surrender before themagistrate concerned and seek regular bail. Accordingly, If thepetitioner surrenders before the Magistrate concerned within twoweeks from today and files an application for regular bail, thesame shall be considered and disposed of preferably on the sameday on which it is filed bearing in mind the decision in Sukumari

v. State of Kerala - 2001 (1) KLT 22.

With the above observation, this Application is disposed of .

V.K.MOHANAN, JUDGE.

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