IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 688 of 2009() ---------------------------------- AGAINST THE ORDER DATED / / IN OR.1/2009 IN CRMP.509/2009 of J.M.F.C., CHALAKUDY OR 01/2009 OF PARIYARAM FOREST RANGE .................... APPLICANTS/ACCUSED 5, 6 : ---------------------------------- 1. PRATHAPAN, S/O. KRISHNANKUTTY, VADASSERY HOUSE, PARIYARAM VILLAGE, KONNAKUZHI. 2. KARUNAKARAN, S/O. KESAVAN, CATTLE BREEDING FARM, PARIYARAM VILLAGE, KONNAKUZHI. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE FOREST RANGE OFFICER, PARIYARAM FOREST RANGE PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.688 OF 2009 -------------------------------- Dated this the 10th day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Section 27 (1)(e)(iii) and (iv) of Kerala Forest Act. According to prosecution, fourth accused cut two sandalwood trees from reserved forest with the help of accused 5 and 6 and the seventh accused transported the same to the house of fourth accused. Accused 1 and 2 purchased 6.5 kg of sandalwood from the fourth accused and third accused arranged for sale of this article. Petitioners are accused nos.5 and 6. The incident occurred on 14.01.2009. 3. Petitioners surrendered before the Magistrate court on 17.01.2009 and they are in custody. Learned counsel for petitioners submitted that accused nos.1 to 4 and 7 were granted bail by this court as per order dated 06.02.2009 in B.A.No.410 of 2009. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners but, stringent conditions may be imposed. B.A.No.688 of 2009 2 On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, bail is granted to petitioners on the following terms and conditions : i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. ii) Petitioners shall report before the investigating officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. iii) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac