Roy Thomas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 Bail Appl.No. 722 of 2015 --------------------------------- O.R. NO. 10/2013 OF PANAMKUTTY FOREST STATION OF ADIMALY FORST RANGE ......

PETITIONER(S)/ACCUSED:

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1. ROY THOMAS, AGED 35 YEARS, S/O.THOMAS, KUMBODIMACKAL HOUSE, INCHATHOTTY, PANAMKUTTY KARA, KONNATHADY VILLAGE.

2. ROY VARGHESE, AGED 45 YEARS, S/O.VARGHESE, CHETTIKKATTU HOUSE, INCHATHOTTY, PANAMKUTTY KARA, KONNATHADY VILLAGE.

BY ADVS.SRI.JOY C. PAUL SRI.RAINGE KODUVATH RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY FOREST RANGE OFFICER, ADIMALY BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.SHIBU GEORGE, (ADGP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

B.KEMAL PASHA, J.

================ B.A. No. 722 of 2015 ======================= Dated this the 23rd day of February, 2015

O R D E R

Petition under Section 438 Cr.P.C.

2. According to the petitioners, they are apprehending arrest in connection with O.R.No.10/2013 of the Adimaly Forest Range. The learned Additional DGP has pointed out that the petitioners are arraigned as A2 and A3 in O.R.No.10/2013 of the Adimaly Forest Range and the offence alleged against them is one under Section 5 (ii) of the Kerala Preservation of Trees Act, which is bailable. When the offence is bailable, the application seeking anticipatory bail is not maintainable.

In the result, this Bail Application is dismissed. Sd/- B.KEMAL PASHA, JUDGE stu //True copy// P.A to Judge