IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5134 of 2009() ----------------------------- O.R.NO.22/2009 OF THE FOREST RANGE OFFICE, KASARAGOD PETITIONER/ACCUSED -------------------------------------- 1. MOHAMMED KUNHI,AGED 29/09, S/O.ALI KUNHI,BEDADUKA,KASARAGOD. 2. KRISHNAN.M,AGED 29/09,S/O.KANNAN, AMBEDKAR COLONY,BADADUKA,KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- THE FOREST RANGE,OFFICER,KASARAGOD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5134 of 2009 --------------------------------------------- Dated this the 10th day of September, 2009 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.22 of 2009 of the Forest Range, Kasaragod. 2. The offence alleged against the petitioners is under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. 3. The prosecution case is that on 7.8.2009, the forest officials got reliable information that some persons have entered into the forest area for cutting trees. The forest officials waited for about an hour in the forest area. After about one hour, the first accused came with a bag in his hand. On inspection, 4 kgms. of sandal wood pieces were found inside the bag. A motor bike was also found nearby. The allegation is that accused Nos.1 and 2 had cut 8 sandal wood trees from the reserve forest. 4. The petitioners were arrested on 7.8.2009 and they are in judicial custody. It has come out that the first petitioner is involved in another forest offence, namely, O.R.No.2 of 2006 of BA No.5134/2009 2 Kasaragod Range wherein the allegation is that he had cut and removed sandal wood trees. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the present stage of investigation, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. 6. In the mahazar, it is noted that the approximate value of 4 kgms. of sandal wood pieces would be Rs.2,000/-. It is common knowledge that the value of 4 kgms. of sandal wood would be more than Rs.2,000/-. I have noticed in several forest cases that the valuation given by the forest officials for the thondi articles is very very low. What is the purpose of giving such a low valuation is not known. Why such low valuation is being shown in almost all cases is a matter to be looked into by the Government and the Forest Department. There is no reason why a low valuation should be given for sandal wood, teak wood, rosewood and other valuable items. Most probably, giving a low valuation may be with a purpose. What is that purpose is not clear. It is necessary for the proper disposal of the forest cases that the court be apprised of the real value of the forest produce BA No.5134/2009 3 in respect of which the offence is committed. I think a general direction is necessary in these circumstances. The Chief Conservator of Forest will issue appropriate directions to all the forest ranges that in cases involving forest offence, the approximate market value of the forest produce shall be shown in the mahazar and in the relevant records to be produced before Court. The Registry will send a copy of this order to the Secretary to the Government (Forest and Wild Life Department) and to the Chief Conservator of Forest, Thiruvanathapuram. K.T.SANKARAN, JUDGE csl Hand over copy to the counsel for the petitioner and the Government Pleader.