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Judgment
The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with O.R No.8/2013 of the Nellikuzhy Forest Station registered under Sections 27(1)(e),(iii), (iv) and Section 47C(1)(i) read with Section 47G of the Kerala Forest
Act. He is the 3rd accused in the crime.
Seizure of a huge quantity of sandal wood timber being transported in a vehicle is the subject matter of the prosecution. The accused Nos.1 and 2; the driver and the cleaner respectively of the vehicle, were arrested on the spot by the Police, and the contraband articles were seized as per a mahazar. The case was later handed over to the Forest Department. The prosecution case as against the petitioner is that the said quantity of timber was in fact transported for the petitioner, and every arrangement for transport was made by the petitioner. The petitioner's case is that the prosecution does not have any material as against him except the statements of the co-accused.
In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. His interrogation is necessary for the collection of materials concerning the nature and circumstance of the offence alleged, the role and complicity of each of the accused, the conspiracy or criminal design behind the transportation of sandal timber etc. After such interrogation, the request for regular bail can be considered by the court below having jurisdiction. When such application for regular bail comes, the court below shall peruse the whole prosecution records and examine the evidence or materials as against the petitioner. On a consideration of all the relevant aspects including the acceptability and veracity of the various materials as against the petitioner, a proper decision can be taken by the court below.
In the result, this bail application is disposed of, as
follows:
a. The petitioner shall surrender before
the Investigating officer between 9 a.m and 10 a.m on any day within ten days from this date for interrogation.
b. After such interrogation, the
Investigating Officer will produce the petitioner before the court below having jurisdiction on the same day before 4 p.m.
c. In case application for regular bail is
filed by the petitioner, the same shall be judiciously considered and decided on merits by the court below on the same day.