Eldhose N.V vs Range Forest Officer
2022 Latest Caselaw 8804 Ker

           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

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                              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

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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

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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

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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