SUKU Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in this Writ Appeal is whether an offence under S. 27 of the Kerala Forest Act, 1961 is bailable or non-bailable. The second respondent (the Forest Range Officer, Anchal Range) filed Occurrence Report No. 4 of 2012 before the jurisdictional Magistrate alleging that the appellant committed offence under Section 27(1)(d), (e)(iii) and (iv) of the Kerala Forest Act, 1961. The appellant apprehended arrest. He filed B.A. No. 1458 of 2012 before this Court under S. 438 of the Code of Criminal Procedure. A learned single Judge disposed of B.A. No. 1458 of 2012 as per the order dated 12.3.2012, the relevant portion of which reads as follows:

(2.) The appellant did not comply with the order in the Bail Application. He did not surrender before the Magistrate's Court and file a Bail Application. On the other hand, the appellant filed W.P. (C) No. 7192 of 2012 under Art. 226 of the Constitution of India for the following reliefs:

(3.) The learned single Judge dismissed the Writ Petition. Aggrieved by the same, the writ petitioner has filed this Writ Appeal.