IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 697 of 2010() ------------------------------------- O.R. NO.22/2009 OF WALAYAR FOREST RANGE, PALAKKAD. PETITIONER/3RD ACCUSED ------------------------------------------ PRINCE AGED 23 YEARS, S/O.JOHN, THEKANAL HOUSE, PERINCHANKUTTY POST, CHEMBAKAPARA, IDUKKI DISTRICT. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENTS/COMPLAINANT/STATE: ----------------------------------------------------- 1. THE FOREST RANGE OFFICER, WALAYAR. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010 ALONG WITH B.A. NOS. 706 & 707 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 697, 706 &707 of 2010 ----------------------------------------- Dated this the 19th day of February, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure filed by one Prince, who is accused No.3 in O.R.Nos.22 and 7 of 2009 of Walayar Forest Range. 2. B.A. No.707/2010 relates to O.R. No.21/2009. It is submitted by the learned Public Prosecutor that the petitioner is not an accused in that case and therefore he is not in custody in respect of that case. It is also seen that in O.R. No.21/2009 the petitioner had filed a Bail Application before the learned Sessions Judge and that Bail Application was dismissed by the order dated 29/01/2010. It is not necessary to consider B.A.No.707/2010 on merits, since the petitioner is not an accused in that case and since he is not detained in that case. 3. For the sake of convenience, the details regarding other two Bail Applications, namely, B.A. Nos.697 and 706 of 2010 are shown below: B.A. Nos. 697, 706 &707 of 2010 2 B.A. No. Crime No. Offence involved Name of the persons involved 697/2010 O.R. No.22/2009 of Walayar Forest Range. 27(1)(e)(i)(iii)(iv) of the Kerala Forest Act and Section 20(a)(b), 27A and 29 of the NDPS Act. A1-Robbin A2-Raghu A3- Prince A4- Manoj A5-Johnson A6-Pappu 706/2010 O.R. No.7/2009 of Walayar Forest Range. 27(1)(e)(i)(iii)(iv) of the Kerala Forest Act and Section 20(a)(b), 27A and 29 of the NDPS Act. A1-Raghu A2-Robin A3- Prince A4- Subhash A5-Gipson A6-Sabu 4. The prosecution case in O.R No.22/2009 is that the accused persons trespassed into the vested forest and cultivated ganja plants in a vast area. The petitioner was arrested on 29/10/2009 and he was remanded to judicial custody. The allegation in O.R. No.7/2009 is that the accused persons therein had cultivated ganja in the vested forest and that ganja cultivation was destroyed on 11/2/2009 by the forest officials. It would appear that Robin is the person who had undertaken the illegal activity of cultivating ganja plants in the vested forest. Reghu had arranged finance for Robin to undertake the work. The B.A. Nos. 697, 706 &707 of 2010 3 other accused persons including the petitioner herein are the persons engaged by Robin for carrying out the work of planting, protecting and preserving the ganja cultivation. 5. The learned Public Prosecutor submitted, in answer to a query,that Robin and Regu are not arrested so far. 6. The petitioner was arrested on 29/10/2009 in O.R. No.22/2009 and his formal arrest was recorded in O.R. No. 7/2009 on 9/12/2009. 7. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court. It is also submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 8. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 9. The petitioner shall be released on bail on his executing B.A. Nos. 697, 706 &707 of 2010 4 bond for Rs.50,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the the Sessions Court, Palakkad 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 not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. 10. It is made clear that the sureties shall produce their title deeds in respect of the immovable properties owned by them, before the Sessions Court, Palakkad for perusal. B.A. Nos.697 and 706 of 2010 are allowed as above and B.A. No.707 of 2010 is dismissed as unnecessary. It is made B.A. Nos. 697, 706 &707 of 2010 5 clear that on release of the petitioner on bail in B.A. Nos.697 and 706 of 2010, the petitioner would not be liable to be detained on account of any order passed by court in respect of O.R. No. 21/2010 of Walayar Forest Range. K.T. SANKARAN, JUDGE scm