IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Bail Appl..No. 8551 of 2011() ----------------------------- CRMP.13912/2011 of J.M.F.C. - I, CHALAKUDY O.R.NO.4/2011 OF VELLIKULANGARA FOREST RANGE, THRISSUR DISTRICT .................... APPLICANTS/ACCUSED 1 & 2 : --------------------------- 1. SULAIMAN, AGED 45 YEARS, S/O. MOOSA, CHOLAPPADAM HOUSE, PULAPATTA VILLAGE-II, UMANAZHI.P.O., OTTAPALAM TALUK. 2. RASAK, AGED 32 YEARS, S/O. MUHAMMEDKUTTY, CHOLAPPADAM HOUSE, PULAPATTA VILLAGE-II, UMANAZHI.P.O., OTTAPALAM TALUK. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE FOREST RANGE OFFICER, VELLIKULANGARA FOREST RANGE. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8551 of 2011 ---------------------------------------------- Dated this the 21st day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in O.R.No.4 of 2011 of Vellikulangara Forest Range, Thrissur District. 2. The offence alleged against the petitioners is under Section 27(1)(e)(iii) & (iv) of the Kerala Forest Act. 3. The prosecution case is that on 03/10/2011, several persons including the petitioners cut and removed 35 sandal wood trees from the Reserve Forest. On seeing the forest officials, the accused ran away. However, the petitioners were arrested on 03/10/2011 itself. The petitioners are in judicial custody. The allegations are very grave in nature. It is submitted by the learned Public Prosecutor that several persons are involved in the offence and that the sandal mafia is involved in the case. It is also submitted that if the petitioners are released on bail at this stage, it would adversely affect the proper investigation of the case. As Bail Appln.No.8551/2011 : 2 : stated by the learned Public Prosecutor, the offence is grave in nature. If the petitioners are released on bail at this stage, it would certainly affect the investigation of the case. It is most likely that the petitioners would intimidate and influence the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj