IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5757 of 2008() ----------------------------- CMP.2303/2008 IN OR NO.33/2008 OF THEKKADY FOREST RANGE .................... PETITIONERS/ACCUSED ----------------------------------- 1. R.KUMAR, S/O. RAJU, C/O. MANIVEL, KARIMMATHURAI P.O., CHINNAMAMKODU THERUVU, ATHOOR, THAZHUMMEL STREET, SALEM DISTRICT, TAMIL NADU. 2. MATH, S/O. PONNUSWAMY, THAZHUMMEL STREET, CHINNAMAMKODU, SALEM DISTRICT, T.N.ATHOOR. 3. DHANAPAL, S/O. LAKSHMANA SWAMY, KARIMATHURAI P.O., THAZHUMEL STREET VILLAGE, ATHUR TALUK, SALEM DISTRICT, TAMIL NADU. 4. SAKTHIVEL, S/O. KULANTHAIYYAR, KARMMAM DURAI TALL STREET, ATHOOR TALUK, SALEM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5757 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 27(1)(e)(iii) and (iv) of the Kerala Forest Act and under Section 32 of the Wild Life Protection Act. According to prosecution, petitioners cut and removed sandalwood trees from forest and they are in custody from 17.8.2008 onwards. 3. Learned public prosecutor submitted that the petitioners are from Tamil Nadu and it is likely that they will abscond. 4. Learned counsel for the petitioners submitted that the petitioners are prepared to abide by any condition and they will also offer local sureties and that the petitioners are residing in Kerala-Tamil Nadu boarder and they have permanent address and they will not abscond. 5. On hearing both sides, I find that bail can be granted to the petitioners on conditions. Hence, bail is granted to the petitioners on the following BA No.5757/08 2 terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. The sureties shall be local sureties. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of the police station within which the crime is registered except with prior permission of the learned Magistrate. (iii) Petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl