IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1640 of 2010() ----------------------------- OR NO.24/09 OF KULATHUPUZHA FOREST RANGE .................... PETITIONER/ACCUSED : ----------------------------------- SATHEESH @ KUNJUMON, S/O.GOPI PILLAI, AGED 33 YEARS, SANDHYA BHAVAN, EX COLONY P.O., PANGODU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------ 1. RANGE OFFICER, FOREST RANGE OFFICE, KULATHUPUZHA RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1640 of 2010 --------------------------------------------- Dated this the 22nd day of March, 2010 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 OR No.24 of 2009 of Kulathupuzha Forest Range. 2. The offence alleged against the petitioner is under Section 27(1)(e)(iii) & (iv) of the Kerala Forest Act. 3. The prosecution case is that on 3.12.2009, the accused persons illegally entered into the reserve forest area in Chittar Section of Kulathupuzha Forest Range and illegally collected river sand from Chittar river. The petitioner was arrested on 5.3.2010 and he was remanded to judicial custody. 4. 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. BA No.1640/2010 2 The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II (Forest Offences), Punalur, 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; 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