IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5439 of 2009()
1. MOHAMMED KUNHI, AGE 29/09,
... Petitioner
2. KRISHNAN M., AGED 29/09,
Vs
1. THE FOREST RANGE OFFICER, KASARAGOD,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.5439 of 2009
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Dated this the 25th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos. 1 to
2 in O.R. No. 22/2009 of the Forest Range, Kasaragod.
2. The offence alleged against the petitioners is under
Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act.
3. The prosecution case is that on 7/8/2009, the forest
officials got reliable information that some persons have
entered into the forest area for cutting trees. The forest officials
waited for about an hour in the forest area. After about one
hour, the first accused came with a bag in his hand. On
inspection, 4 Kgms of sandal wood pieces were found inside the
bag. A motor bike was also found nearby. The allegation is that
accused Nos.1 and 2 had cut 8 sandal wood trees from the
reserve forest.
4. The petitioners were arrested on 7/8/2009 and they
are in judicial custody since then. The learned Public Prosecutor
B.A. No.5439/ 2009
2
submitted that the investigation is at the final stage.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners.
6. The petitioners shall be released on bail on their
executing a bond for Rs. 50,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Chief Judicial
Magistrate, Kasaragod subject to the following conditions:-
A) The petitioners shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all Mondays and Thursdays, till
the final report is filed or until further
orders.
B) The petitioners shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioners shall not try to influence
the prosecution witnesses or tamper with
the evidence.
D) The petitioners shall not commit any
offence or indulge in any prejudicial
activity while on bail.
B.A. No.5439/ 2009
3
E) In case of breach of any of the conditions
mentioned above, the bail shall be liable
to be cancelled.
The Bail Application is allowed as above.
K.T. SANKARAN, JUDGE
scm