IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 CRL.MC.NO. 306 OF 2011() --------------------------------------- AGAINST THE ORDER DATED 7.01.2011 IN MP.NO.54/2011 IN O.R. NO.30 OF 2010 OF JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR PETITIONER(S): ---------------------- 1. USMAN, AGED 30 YEARS, S/O.ABDUL KARIM, OTHUPALLICKAL VEEDU, VELLUVAMBRAM KARA, VALLUVAMBRAM VILLAGE, ERANADU TALUK, MALAPPURAM DISTRICT. 2. MUHAMMED SAFVAN, AGED 33 YEARS, S/O.SYEDUKKUTTY, PARAMCHERRY VEEDU, VELLUVAMBRAM KARA, VALLUVAMBRAM VILLAGE, ERANADU TALUK, MALAPPURAM DISTRICT. 3. NAVAS, AGED 24 YEARS, S/O.AHAMMED KOYA, POOVAKKOTH VEEDU, VELLUVAMBRAM KARA, POOKKOTTOR VILLAGE, ERANADU TALUK, MALAPPURAM DISTRICT. 4. HAMSA, AGED 43 YEARS, S/O.IMU, AYAPPILLY HOUSE, KARAYAKKADU BHAGAM, EDAYOOR VILLAGE, THIROOR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S): --------------------------- THE RANGE OFFICER, FOREST RANGE OFFICE, KODANADU REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.306 of 2011 ==================================== Dated this the 04th day of February, 2011 O R D E R Petitioners are accused Nos.1, 2, 4 and 6 in O.R. No.30 of 2010 of Kodanadu Forest Range for offences punishable under Sections 47(B)(1) and 47(G) of the Kerala Forest (Amendment) Act, 2010 for alleged transportation of sandalwood weighing 27.5 kgs. Petitioners were granted bail but with conditions including that they shall report to the Investigating Officer on all Sundays between 8.00 a.m. and 12 noon. Petitioner requested the learned Magistrate to relax the condition. That request was rejected by order dated January 7, 2011 on M.P. No.54 of 2011. Hence this petition. Learned counsel submits that second petitioner is ill having suffered a fracture. I have heard learned Public Prosecutor also. 2. I am not very much impressed by that contention of petitioners. For, document produced by petitioners would show that second petitioner suffered fracture some time in August, 2006 and was discharged from the hospital on 19.08.2006. The incident occurred much thereafter, in 2010. However, having regard to the CRL.M.C. No.306 of 211 -: 2 :- facts and circumstances of the case I make it clear that it is sufficient that petitioners reported to the Investigating Officer on all alternate Sundays between 8.00 a.m. and 12 noon until otherwise directed by the learned Magistrate. Resultantly, this Criminal Miscellaneous Case is allowed in part modifying the condition that petitioners shall report to the Investigating Officer on all Sundays between 8.00 a.m. and 12 noon as requiring them to report to the the Investigating Officer on all alternate Sundays between 8.00 a.m. and 12 noon until otherwise directed or modified by the learned Magistrate. THOMAS P. JOSEPH, JUDGE. vsv