IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Bail Appl..No. 755 of 2009() ---------------------------- CRMP.949/2009 of J.M.F.C. - I, CHALAKUDY O.R NO. 1/2009 of VELLIKULANGARA FOREST RANGE .................... PETITIONER/ACCUSED NO.6 & 7:- --------------------------------------- 1. M.P.JOY, AGED 45,S/O.PAILEN MENACHERY HOUSE, BALANPEDIKA, CHATTIKULAM.P.O, KODASSERY VILLAGE, THRISSUR DISTRICT. 2. A.C.BIJU, AGED 35, S/O.CHACKO, AKKANPARAMBIL HOUSE,MARANKODE, THRISSUR DIST. BY ADV. MR. M.H.HANIL KUMAR RESPONDENTS/COMPLAINANT & STATE:- --------------------------------------------- 1. RANGE OFFICER,VELLIKULANGARA FOREST RANGE, REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN-682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 755 of 2009 ====================== Dated, this the 20th day of March, 2009. ORDER Petitioners who are accused Nos. 6 and 7 in O.R.No. 1 of 2009 of Vellikulangara Forest Range for offences punishable under Sections 27(1)(e), (iii)(iv) of Kerala Forest Act, seek their enlargement on bail. The petitioners were arrested on 27.01.2009. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the offences, the nature of legal injury sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioners, the present stage of investigation and the other facts and circumstances of the case, I am satisfied that if the petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. Dated this the 20th day of March, 2009. V. RAMKUMAR, JUDGE. rv