IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 410 of 2009() ---------------------------- O.R.No.1/09 OF PARIYARAM FOREST RANGE PETITIONERS (S): APPLICANTS/ACCUSED NOS.1 TO 4 & 7 ----------------------------------------------------- 1. AGASTIN JOSEPH, S/O.JOSEPH, AGED 35 YEARS, OLIYIL HOUSE, VAISSERY, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK. 2. SATHEESAN, S/O.KARUNAKARAN, AGED 34 YEARS, CHITHRAKUNNEL HOUSE, VEETTELAPPARA, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK 3. SUBHASH, S/O.SUDHAN, AGED 27 YEARS, THAISSERY HOUSE, PULIYILAPPARA, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK 4. PARAMESWARAN, AGED 38 YEARS, S/O.PARAMU, PALLIYIL HOUSE, KONNAKUZHI, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK 5. BABU, S/O.AGASTHI, AGED 29 YEARS, MOTHERAPPILLY HOUSE, KANNAKUZHI, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE FOREST RANGE OFFICER, PARIYARAM RANGE. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 410 of 2009 ----------------------------------------- Dated this the 6th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 27(1)(3)(III) (IV) 52 & 61 of the 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 1 to 4 and 7. The incident occurred on 14.1.2009 and petitioners were arrested on the same day. 3. Learned counsel for petitioners submitted that the alleged loss caused to the Government is only Rs.1,000/- and petitioners may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners, but stringent condition may be imposed. BA.410/09 2 5. 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 AM and 1 PM 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. Petition is allowed. K.HEMA, JUDGE vgs.