IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 3427 OF 2022
O.R. NO.4/2022 OF ADIMALY FOREST RANGE, IDUKKI
PETITIONERS/ACCUSED NOS.1, 3 AND 4:
1 ELDHOSE N.V
AGED 50 YEARS, S/O. VARKEY, NIRAVATHU HOUSE,
VATTIYAR P.O, PEECHADU KARA, PALLIVASAL
VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT
PIN - 685612
2 JOHNSON N.M @ VARGHESE
AGED 54 YEARS, S/O. VARKEY, NIRAVATHU HOUSE,
ROYAL FLAT, PULPARAMBU ROAD, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686661
3 SIMON VARKEY
AGED 52 YEARS, S/O. VARKEY, NIRAVATHU HOUSE,
MUVATTUPUZHA P.O, MARADI, ERNAKULAM DISTRICT,
PIN - 686661
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
RESPONDENT:
RANGE FOREST OFFICER
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.3427/2022
..2..
ORDER
Dated this the 07th day of July, 2022 This is an application for Anticipatory Bail.
2. The petitioners are accused Nos.1, 3 and 4 in O.R No.4/2022 of Adimaly Forest Range, Idukki alleging commission of offences punishable under Sections 27(1)(e)
(iii) & (iv) and Section 3 and 5 of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003.
3. The prosecution case is that, In Koombanpara Section at Peechadu Bhagom within the Pallivasal unreserved forest which has been notified as an ecologically fragile lands having an extent of 90.77 hector which is named as Nellithanam Estate, the accused persons have cut 393 numbers of tree of various species.
4. The learned counsel for the petitioners submitted that the trees were standing in the property in possession of the petitioners and that he has not cut and removed any valuable trees and he has cut and removed trees which are necessary for the purpose of cultivation in the said land which BA. No.3427/2022 ..3..
was permitted as per Anx.A1 - A3.
5. The learned Public Prosecutor, upon instruction, submitted that, the property is covered as per the provisions of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 and is notified as a cardamom hill reserve and the petitioners have no authority to cut and remove the trees from the said property without the consent of the forest officials. It is further submitted that the petitioners are not involved in any other crime.
6. When the matter was came up for consideration on 29.04.2022 there is an interim order granting interim bail to the petitioners and having regard to the facts and circumstances of the case, considering the nature of the allegation and the fact that the petitioners are already on interim bail granted on 29.04.2022, I dispose of the bail application with following directions. The interim bail granted by this Court as per Order dated 29.04.2022 is made absolute. It is further ordered that the petitioners shall comply with the following conditions also :-
(i) Petitioners shall appear before the BA. No.3427/2022 ..4..
investigating officer in O.R No.4/2022 of Adimaly Forest Range, Idukki, on every Saturday at 11 am until filing of final report and the petitioners shall co-operate with the investigation;
(ii) The Petitioners shall not attempt to (contact the victim or the de facto complainant) or interfere with the investigation or to influence or intimidate any witness in O.R No.4/2022 of Adimaly Forest Range, Idukki;
(iii) The Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in O.R No.4/2022 of Adimaly Forest Range, Idukki may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners even BA. No.3427/2022 ..5..
when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
Sd/-
VIJU ABRAHAM, JUDGE ded/07.07.2022