IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6405 of 2011 CRMP.4648/2011 OF J.M.F.C.,RANNI O.R.NO.12 OF 2011 OF KARIKULAM FOREST RANGE, PATHANAMTHITTA PETITIONER/3RD ACCUSED ------------------------------------------ GEORGE T.VARKEY, AGED 56 YEARS, S/O.VARKEY, THOTTUNKAL, KUTTAPUZHA, THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 31 (THROUGH FOREST RANGE OFFICER, RANNI IN KARKULAM FOREST OR 12/11). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6405 OF 2011 ------------------------------------------------------ Dated this the 16th day of August, 2011 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.3 in O.R. No.12 of 2011 of Karikulam Forest Range, Pathanamthitta District. 2. The offence alleged against the accused is under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. 3. The prosecution case is that on 26.7.2011, the accused persons unlawfully entered into the proposed reserved forest and damaged the medicinal plants and natural growth in an area having a length of 200 metres and a bredth of one metre. The learned Public Prosecutor submitted that the accused persons are real estate brokers and their intention was to destroy the medicinal plants and natural growth in 250 acres of land. 4. The petitioner was arrested on 26.7.2011 and he was remanded to judicial custody. BAIL APPL. NO.6405 OF 2011 :: 2 :: 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 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty Five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Ranny, 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 a period of two months and thereafter, 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; BAIL APPL. NO.6405 OF 2011 :: 3 :: 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/