IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 826 of 2010() -------------------------------- CMP.314/2010 of C.J.M.,KASARAGOD O.R.NO. 3/2010 OF FOREST RANGE OFFICE, KASARAGOD .................... PETITIONER/ACCUSED : ---------------------------- ABOOBACKER AGED 27 YEARS, S/O.ABBAS, RESIDING AT SANTHOSH NAGAR, THOTTI, CHENGALA VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE: ------------------------- THE FOREST RANGE OFFICER, KASARAGOD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH OURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 826 of 2010 ------------------------------------ Dated this the 1st 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 O.R.No.3/2010 of Forest Range Office, Kasaragod. 2. The offences alleged against the petitioner are under Sections 27(1)(d), 52(1) and 61-A of the Kerala Forest Act. 3. The allegation is that on 25.01.2010, the accused persons were found transporting 8.5 kgs of sandal wood on a motor bike. The prosecution case is that the accused persons had unlawfully entered into the reserve forest and cut and removed the sandal wood trees. The petitioner was arrested on 25.01.2010 and he was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the second accused ran away from the place and therefore, he could not be arrested. It is also submitted that the second accused is involved in other forest offences. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 826 of 2010 2 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/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod 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 and Thursdays for two months and thereafter on 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 ln