IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6483 of 2011() ----------------------------- OR NO.8/2011 OF PARIYARAM FOREST RANGE, THRISSUR .................... PETITIONER/1ST ACCUSED -------------------------------- C.C.RAJAPPAN, AGED 58 YEARS, S/O.CHATHEN, CHEMMANADAN HOUSE, ALUVA TALUK, MANJAPRA P.O., PIN-683 581, ERNAKULAM DISTRICT. BY ADV. SRI.SAM ISAAC POTHIYIL SRI.K.J.LATHEESH KUMAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE FOREST OFFICER, PARIYARAM FOREST OFFICE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6483 of 2011 --------------------------- Dated this the 24th 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.1 in O.R.No.8 of 2011 of Pariyaram Forest Range, Thrissur District. 2. The offences alleged against the accused are under Sections 27(1)(e)(iii) and (iv) of the Kerala Forest Act and Section 5 of the Kerala Forests (Vesting and Management of Ecologically Fragile Lands) Act. 3. The prosecution case is that on 11.7.2011, the accused persons destroyed the biological diversity of the land in question. The petitioner was arrested on 2.8.2011. 4. As per the order dated 29th July, 2011 in B.A.No.6043 of 2011, bail was granted to accused Nos.2 and 3. BA 6483/2011 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakudy, 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, 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; BA 6483/2011 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 csl