IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 8353 of 2011() ----------------------------- OR No.2/2011 of Kokkathodu Forest Range, Konni, Pathanamthitta District. .................... PETITIONER/ACCUSED -------------------------------------- JOSHWA DANIEL, S/O.DANIEL, PADAYANICKAL HOUSE, MANGARAM, KONNI.P.O., KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): RESPONDENT/STATE ------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SHO., KAKKATHODU FOREST STATION. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8353 OF 2011 --------------------------------- Dated this the 14th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in OR No.2/2011 of Kokkathodu Forest Range, Konni, Pathanamthitta District. 2.The offence alleged against the petitioner is under Section 27 (1)(e)(iii) of the Kerala Forest Act and Prohibition of Felling of Trees Standing on Land Temporarily or Permanently Assigned Rules 1995. 3.The allegation is that the trees reserved in favour of the Government in the land assigned to the petitioner/accused were cut down by the accused and he attempted to remove the same. The petitioner was arrested on 29.9.2011 and he was remanded to judicial custody. B.A.No. 8353 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. 6.The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Pathanamthitta, 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; B.A.No. 8353 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms