IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Bail Appl..No. 4132 of 2010() ----------------------------- (O.R NO.6/2010 OF FOREST STATION, MURINJAPUZHA, IDUKKI) PETITIONER/IST ACCUSED ------------------------------------------ SHAJAN @ JOSEPH,S/O.MATHEW,NIRAVATHU VEEDU,PURAKAYAM BHAGOM,PERUVANTHANAM VILLAGE, PEERMADE TALUK. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTD BY THE DEPUTY RANGER,FOREST STATION,MURINJAPUZHA THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4132 of 2010 ------------------------------------ Dated this the 29th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 27(1)(e)(iv) of the Kerala Forest Act and Section 9 r/w 51 of the Wildlife (Protection) Act. According to prosecution, accused numbers 1 to 6 trespassed into a forest and shot down a sambar deer and shared the meat. The cooked meat and raw meat were seized from the house of accused. 3. Learned counsel for petitioner (A1) submitted that the meat was planted in the house of petitioner. He has not committed any offence. He had made complaints against certain forest officials, since they were helping the forest mafia and because of this grudge alone, petitioner is implicated in the case. The search conducted in this case is not in accordance with Section 100 of the Cr.P.C. No independent witness has signed the seizure. Petitioner was arrested on 27/06/2010 and he is in custody for the past 33 days, it is submitted. 4. Learned Public Prosecutor submitted that the allegations made against the forest officials are not correct. Genuine search was conducted and articles were seized. However, taking into B.A. No.4132 of 2010 2 consideration the period of detention, he has no objection in granting bail, but, stringent conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. iii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv