IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1575 of 2010() --------------------------------- O.R.NO. 13 OF 2008 OF KASARAGOD FOREST RANGE ................. PETITIONER/2ND ACCUSED : -------------------------------- ABDULLA KUNHI, AGED 28 YEARS, S/O.ABDUL RAHIMAN, KODUNKAI, VITTALA, PUTHOOR TALUK, DAKSHIN KANNADA. BY ADV. SRI.M.SASINDRAN RESPONDENTS/COMPLAINANT AND STATE : --------------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, (O.R.NO.13 OF 2008 OF KASARAGOD FOREST RANGE), KASARAGOD DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1575 of 2010 ------------------------------------ Dated this the 18th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in O.R.No. 13/2008 of Kasaragod Forest Range. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act. 3. The prosecution case is that on 22.08.2008, the accused persons cut and removed two teak wood trees from the Parappa Reserve Forest. According to the prosecution, the loss sustained by the Government, due to the cutting and removal of the trees, is Rs.80,000/-. The petitioner was arrested on 25.02.2010 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 1575 / 2010 2 petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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 petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for two months and thereafter on Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall surrender his passport before the Court of the Chief Judicial Magistrate, Kasaragod within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 1575 / 2010 3 F) 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 ln