ORDER

This is an application for anticipatory bail.

2. The petitioner is arrayed as 1st accused in Crime No.329

2022 of Mayyil Police Station, Kannur District registered alleging commission of offences punishable under Sections 447 and 379 of the Indian Penal Code.

3. The prosecution allegation is that, on 27.04.2022, between

7.00 am and 8.00 am, the accused persons trespassed into the purampoku of Kuttiyattoor Panchayath in Kuttiyattoor amsom and committed theft by cutting and removing trees worth Rs.1,75,000/- which were standing in the said Panchayath purampoku and thus committed the aforementioned offences.

4. Petitioner submits that he has been falsely implicated in the abovesaid crime along with other accused. Petitioner submits that his sister is in possession and ownership of the property situated just by the side of the river bank and in March 2022, petitioner had given a contract to the 2nd accused for cutting and removing trees from that property. Later it was learnt that some trees which were standing on the bank of the river were also cut and removed by the 2nd accused. It is submitted that the petitioner has no role in the alleged crime.

5. Heard the learned Public Prosecutor also who submitted that as per the complaint filed by the Secretary of the Panchayat it is the petitioner and other accused who committed the crime. Learned Public Prosecutor upon instructions submitted that petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and the nature of the allegation and the fact that the petitioner has no other criminal antecedents, I am inclined to grant pre-arrest bail to the petitioner. Petitioner shall surrender before the investigating officer on 05.08.2022 and shall co-operate with the investigation. In the event of arrest of the petitioner in connection with the abovesaid crime, he shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) He shall co-operate with the investigation and make himself available for interrogation whenever required; (iii) He shall not tamper with any evidence;

(iv) He shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

(v) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in the abovesaid crime may file an application before 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 the petitioner even when the petitioner is 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).