IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 241 of 2009(A) ----------------------------------- CRMP.5638/2008 of J.M.F.C.-II(FOREST OFFENCES),PUNALUR OR NO.26/2008 OF KULATHUPUZHA FOREST RANGE .................... PETITIONERS/ACCUSED : ------------------------------ 1. BABURAJAN, BLOCK NO.68, CHALLIMUKKU, PERINGMALA VILLAGE, NEDUMANGADU. 2. PRASAD, THADITHAMKATHU VEEDU, SOCIETY MUKKU, CHITHARA. 3. SHIBU, THADITHAMKATHU VEEDU, SOCIETY MUKKU, CHITHARA. 4. ANIL, THADITHAMKATHU VEEDU, SOCIETY MUKKU, CHITHARA. BY ADV. SRI.V.PREMCHAND RESPONDENT/COMPLAINANT : ------------------------------------ THE FOREST RANGE OFFICER, KULATHUPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.241 OF 2009 ---------------------------- Dated this the 21st day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. According to prosecution, petitioners along with 5 others cut and removed 3 teak trees worth Rs.50,000/- from the forest. The incident occurred on 29.10.2008. 3. Petitioners are accused nos.1 to 4 and they were arrested on 24.12.2008 and remanded to judicial custody. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners but, stringent conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the B.A.No.241 of 2009 2 satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioners shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac