IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5439 of 2009() ------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.5134/2009 O.R. NO.22/2009 OF FOREST RANGE OFFICE, KASARAGOD .................... PETITONERS/ACCUSED: ------------------------------------- 1. MOHAMMED KUNHI, AGE 29/09, S/O.ALI KUNHI, BEDADUKA, KASARAGOD. 2. KRISHNAN M., AGED 29/09, S/O.KANNAN, AMBEDKAR COLONY, BEDADUKA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU.P.RENUKADEVI RESPONDENT/ COMPLAINANT: ---------------------------------------------- THE FOREST RANGE OFFICER, KASARAGOD, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5439 of 2009 ------------------------------------ Dated this the 25th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 2 in O.R. No. 22/2009 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 since then. The learned Public Prosecutor B.A. No.5439/ 2009 2 submitted that the investigation is at the final stage. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.5439/ 2009 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 scm