ABDUL GAFOOR Vs FOREST RANGE OFFICER, NELLIKUTH FOREST STATION

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.