IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6514 of 2011 CRMP.4822/2011 OF J.M.F.C.,RANNI O.R.NO.7 OF 2011 OF PAMPA FOREST STATION, PATHANAMTHITTA. PETITIONERS/ACCUSED NOS.1 TO 11: --------------------------------------- 1. SIVANANDAN,AGED 58 YEARS, S/O. NARAYANAN,ANANDABHAVANAM,MAMPARA, PERUNAD VILLAGE,RANNI TALUK, PATHANMATHITTA DISTRICT. 2. RADHAKRISHNAN @ IRUTTU,AGED 47 YEARS, S/O. CHELLAPPAN,ARALUMMOODU,NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. HARILAL,AGED 41 YEARS, S/O. KOCHUNANU,KARUVELIL HOUSE, KARUNAGAPPALLY,KOLLAM DISTRICT. 4. KALIDASAN,AGED 56 YEARS, S/O.NARAYANAN, KUZHIPPALLIYIL, DEVIKULAM, IDUKKI DISTRICT. 5. THANKKAYYAN,AGED 46 YEARS, S/O. APPU NADAR,KALLIMOODU PORIYANAM COLONY, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DISTRICT. 6. A.CHANDRAN,AGED 49 YEARS, S/O. ARUMUKHOM, 12TH WARD, KARUNANIDHI COLONY, UTHAMPALAYAM,TAMILNADU. 7. KRISHNANKUTTY NAIR,AGED 53 YEARS, S/O. NARAYANA PILLAI,NEERAZHI VEEDU, NEDUMANGADU TALUK,THIRUVANANTHAPURAM DISTRICT. 8. KRISHNAN NAIR,AGED 56 YEARS, S/O. KESAVAN NAIR,TC NO.24/322, KAIPPATTUVILAKOM VEEDU,NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 9. ANTHONI,AGED 75 YEARS, IRUMBILITHERUVEETIL,KANYAKUMARI DISTRICT, TAMILNADU. 10. C. SIVANANDAN, AGED 55 YEARS, S/O. CHELLAPPAN, PARAKKULATHU HOUSE, BALARAMAPURAM,THIRUVANANTHAPURAM DISTRICT. 11. SASIDHARAN PILLAI,AGED 58 YEARS, S/O. KRISHNA PILLAI, AKKARAVARATHIL, PANGODU,NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE FOREST RANGE OFFICER, PAMPA FOREST STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6514 OF 2011 ------------------------------------------------------ Dated this the 17th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 11 in O.R. No.7 of 2011 of Pampa Forest Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Section 27(1)(e)(iv) of the Kerala Forest Act and Section 27(1) of the Wild Life Protection Act. 3. The prosecution case is that the accused persons criminally trespassed into the Reserve Forest area without any valid documents. They remained at Pandithavalam area, which was given on lease by the Forest Department to the Travancore Devaswom Board in the Sabarimala Section, Pampa Range, Periyar Tiger Reserve. The petitioners were arrested on 21.7.2011 and they were remanded to judicial custody. BAIL APPL. NO.6514 OF 2011 :: 2 :: 4. It is alleged that the petitioners do not possess any identity cards or valid documents. They are not the devotees of the Sabarimala as well. It is alleged that the petitioners have been unauthorisedly staying in the Periyar Tiger Reserve for years together. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on very stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ranni, subject to the following conditions: a) The petitioners shall not enter into the Forest Station limits of Pampa Forest Station, till the final report is filed or until further orders, without specific permission of the Forest Range Officer, Pampa Forest Station; BAIL APPL. NO.6514 OF 2011 :: 3 :: b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 ahz/