IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7164 of 2009() -------------------------------------- OR.1/2009 of C.J.M.,KASARAGOD ........................... PETITIONER/ACCUSED: ------------------------------- SHIHAB @ ABDUL RAZAK S/O.LATE MOHAMMED AGED 30N YEARS RESIDING AT KALPANA MANZIL, KINNINGAR PO, NETTANIGE VILLAGE, KASARGOD TALK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/COMPLAINANT: ---------------------------------------------- THE FOREST RANGE OFFICER KASARGOD, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERANKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7164 of 2009 ------------------------------------ Dated this the 9th day of December, 2009 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.4 in O.R. No.1/2009 of Forest Range Office, Kasaragod. 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 13/1/2009, accused Nos. 1 to 4 cut and removed a Rose wood tree from the Reserve Forest. The loss occasioned to the State is estimated at Rs.4,000/-. The petitioner was arrested on 21/11/2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 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 B.A. No. 7164 /2009 2 investigation, I am of the view that bail can be granted to the petitioner. 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, 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm