IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Bail Appl..No. 2282 of 2010() ----------------------------- CMP.1303/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD IN O.R.No.6/2010 OF KASARAGOD FOREST RANGE, KASARAGOD .................... PETITIONER/IST ACCUSED :- ---------------------------------------- ABDUL KHADER, AGED 51 YEARS, S/O.MUHAMMED KUNHI, POOTHAPALAM, ADHUR VILLAGE, NATTAKAL POST, KASARAGOD DISTRICT. BY ADVS. MR.T.MADHU SMT.C.R.SARADAMANI RESPONDENT/STATE :- -------------------------------- THE FOREST RANGE OFFICER, KASARAGOD FOREST RANGE, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.KAMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JVT P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2282 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of April, 2010 O R D E R This is a bail application filed by the first accused in O.R No.6/2010 of Kasaragod Forest Range, Kasaragod District under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that he along with the second accused trespassed in to the Reserve Forest and cut and removed Rose Wood trees and attempted to transport the logs in a Mini Lorry bearing Registration Number KL 7 Q 852 and thereby committed the offence punishable under Section 27(1) (e) (iv) and (iii) and 27 (1) (d) of the Kerala Forest Act. 3. The petitioner was arrested on 22.3.2010 and is in remand thereafter. The Chief Judicial Magistrate's Court, Kasaragod rejected his bail application. 4. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that he is falsely implicated in this case and he is the sole breadwinner of his family and if he released on bail he shall B.A. No. 2282 of 2010 2 abide by any of the conditions imposed by this court. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The petitioner is aged 51. The learned Public Prosecutor submits that the investigation in this case is almost over. But the remaining accused have to be apprehended and that no other similar case is registered against the petitioner. Further he is in remand from 22.3.2010 onwards. Therefore I feel that the petitioner can be released on bail but subject to stringiness conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- B.A. No. 2282 of 2010 3 1) The petitioner shall appear before the Investigating Officer on all Mondays and Saturdays between 10 A.M and 11 A.M 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb