IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 6043 of 2011 O.R.NO.8 OF 2011 OF PARIYARAM FOREST RANGE, THRISSUR DISTRICT PETITIONERS/ACCUSED NO.2 AND 3: --------------------------------------- 1. SUJEESH, S/O.SUDHAKARAN, AGED 22 YEARS, AMBAZHATHINGAL HOUSE, KAVILPRA VILLAGE, PUTHUPORA, KOZHIKODU. 2. SUNIL, S/O.LAKSHMANAN, PUTHENPURAKKAL HOUSE, KATTAPPANA VILLAGE, PORIKKANI. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (OR NO.8/11 OF PARIARAM FOREST RANGE, THRISSUR DISTRICT). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6043 OF 2011 ------------------------------------------------------ Dated this the 29th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in O.R. No.8 of 2011 of the Pariyaram Forest Range, Thrissur District. 2. The offences alleged against the accused are under Section 27 (1)(e)(iii) and (iv) of the Kerala Forest Act and Section 5 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act. 3. The prosecution case is that on 11.7.2011, the accused persons destroyed the biological diversity of the land in question. The petitioners are the driver and cleaner of the Hitachi excavator, with the help of which the offence was alleged to have been committed. 4. The petitioners were arrested on 11.7.2011 and they were remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, BAIL APPL. NO.6043 OF 2011 :: 2 :: the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakudy, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/