IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9047 of 2011() ----------------------------- O.R.NO.4/2011 OF VELLIKULANGARA FOREST RANGE .................... PETITIONERS : ACCUSED 1 & 2 ------------------------------------ 1. SULAIMAN, AGED 45 YEARS S/O.MOOSA, CHOLAPPADAM HOUSE, PULAPATTA VILLAGE II, UMANAZHI PO, OTTAPALAM TALUK. 2. RASAK, AGED 32 YEARS S/O.MUHAMMEDKUTTY,CHOLAPPADAM HOUSE, PULAPATTA VILLAGE II, UMANAZHI PO, OTTAPALAM TALUK. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM THROUGH THE FOREST RANGE OFFICER VELLIKULANGARA FOREST RANGE. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9047 of 2011 --------------------------- Dated this the 8th day of November, 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 and 2 in O.R.No.4 of 2011 of Vellikulangara Forest Range, Thrissur District. 2. The offence alleged against the petitioners is under Section 27(1)(e)(iii) & (iv) of the Kerala Forest Act. 3. The prosecution case is that on 3.10.2011, several persons including the petitioners cut and removed 35 sandal wood trees from the Reserve Forest. On seeing the Forest Officials, the accused ran away. However, the petitioners were arrested on 3.10.2011 itself. The petitioners are in judicial custody. 4. Bail Application No.8551 of 2011 filed by the BA 9047/11 2 petitioners was dismissed by the order dated 21.10.2011. 5. It is submitted by the learned counsel for the petitioners that custody of the petitioners was given to the Forest Officials and the confession statements of the petitioners were recorded. The petitioners have fully co-operated with the investigation. 6. The learned counsel for the petitioners also submitted that the petitioners are illiterate and coolies. 7. 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. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like BA 9047/11 3 amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakkudy, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of one month and thereafter on Mondays, till the final report is filed or until further orders; 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 csl