IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2482 of 2009()
1. AJAYAN @ AJI, S/O.NARAYANAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.I.SAGEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/05/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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B.A. No. 2482 OF 2009
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Dated this the 25th day of May, 2009
O R D E R
Petitioner is the 10th accused in O.R.No.1/2009 of
Vellikulangara Forest Range. The case is that the accused
committed offence under section 7(1) e(iii) and e(iv) of the Kerala
Forest Act the sandal wood was cut and removed from the reserved
forest. Petitioner surrendered on 26.3.2009 and moved bail
application before Judicial First Class Magistrate. Under Annexure-
C order, bail application was dismissed on 26.3.2009. This petition
is moved for bail thereafter under section 439 of the Code of
Criminal Procedure.
2. Learned counsel for the petitioner and Public Prosecutor
were heard.
3. Learned counsel appearing for the petitioner submitted that
petitioner is entitled to get the statutory bail as the final report is not
B.A. No. 2482 OF 2009
2
submitted till this day. Learned Public Prosecutor did not dispute
this fact.
4. Bail application is disposed directing the Judicial First Class
Magistrate, Chalakkudy, to release the petitioner on bail, if he is
entitled to the statutory bail under section 167(2) of the Code of
Criminal Procedure.
M.SASIDHARAN NAMBIAR
JUDGE
vps