IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 359 of 2008() ---------------------------- AGAINST THE ORDER IN 14/07 IN OR.13/2007 of J.M.F.C.- I, DEVICOLAM CRIME NO.150/07 OF MARAYOOR POLICE STATION .................... : PETITIONERS/ACCUSED ------------------------------------ 1. PRABHU, S/O. KASIPANDY, LAKSHMIVILASAM HOUSE, PATTAM COLONY, PATHADY PALAM, MARAYOOR VILLAGE. 2. VIJAYAKUMAR @ VIJI, S/O. PARAMESWARAN, LAKSHMIVILASAM HOUSE, PATTAM COLONY, PATHADY PALAM, MARAYOOR VILLAGE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008 ALONG WITH BA NO.358 OF 2008 & BA NO.360 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.358, 359 & 360 of 2008 ------------------------------------- Dated this the 28th day of January, 2008 ORDER These applications are for regular bail. 1st petitioner is common in all the 3 cases. All the accused face allegations for offences punishable under Section 379 I.P.C and the Kerala Forest Act. The crux of the allegations in all the cases is that the accused persons had trespassed into the reserve forest and had cut and removed sandal trees in the reserve forest. Investigation is already completed. Final reports have already been filed. Cognizance has been taken by the learned Magistrate. The petitioners remain in custody from 30.10.07 and 04.11.07 respectively. 2. The petitioners are in custody. Steps for trial have commenced. Report of the learned Magistrate was called for. The learned Magistrate has reported that at least two months' further time will be required for the disposal of the case. The learned Magistrate undertakes that the matter shall be disposed of expeditiously. B.A.Nos.358, 359 & 360 of 2008 2 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be enlarged on bail subject of course to appropriate and strict conditions which shall ensure that the petitioners are available for trial and shall not commit offences pending disposal of the cases. 4. In the result, these bail applications are allowed. The petitioners shall be released on bail in all the 3 cases on the following terms and conditions. i) In each case, the petitioners shall execute bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall not leave the Sessions Division of Thodupuzha until further orders without the prior permission of the learned Magistrate before whom these cases are pending. (R.BASANT, JUDGE) rtr/-