IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2520 of 2010() -------------------------------------- CRIME NO.168/2006 OF ADHUR POLICE STATION, KASARAGOD ........... PETITIONER/ ACCUSED NO.2. --------------------------------------------- SHAJI SEBASTIAN, S/O. JOY MATHEW, AGED 45 YEARS, RESIDING AT MUTHUMAKKUZHIYIL HOUSE, RIVER VIEW ESTATE, PANNAKDUKKAM, MULIYAR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.THOMAS JOSEPH RESPONDENT(S): COMPLAINANT. --------------------------- THE STATE OF KERALA, REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME AFFAIRS, THROUGH THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION IN CRIME NO.168/2006. BY PUBLIC PROSECUTOR MR.NOBLE MATHEW THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-= B.A. No. 2520 of 2010 =-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the second accused in Crime No.168/2006 of Adhur Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioner is that three Jack fruit trees were cut and removed by the petitioner along with accused 1 and 3 from the Government puramboke land situated in Re-survey No.1143 of Muliyar Village near to river Payaswini during 2006. The petitioner was arrested on 7-4-2010 and he was remanded thereafter. Two bail applications filed by him before the lower court were dismissed. Copy of the said orders are produced along with the Bail Application. 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against him, that mother of the petitioner is living separately along with his brother and that he has falsely implicated the petitioner in this case. B.A. No. 2520 of 2010 2 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. Offence alleged against the petitioner is said to have committed in the year 2006. The Crime was registered as early as on 11.10.2006 and only now the petitioner was arrested. Further he is the owner of the property adjacent to the puramboke land. The learned Public Prosecutor has also submitted that the investigation is almost over. Therefore, I feel that this is a fit case in which bail can be granted to the petitioner on conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the trial court on the following conditions:- B.A. No. 2520 of 2010 3 1) The petitioners shall report before the Investigating Officer as and when required. 2) The petitioners shall not commit similar offence while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioners shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb