IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3899 of 2010(F) ----------------------------------------- (O.R. NO.17/2010 OF THE FOREST RANGE OFFICE, ALATHUR RANGE, PALAKKAD DISTRICT) .................... PETITIONERS/ACCUSED: ------------------------------------ 1. M.V.VISWANATHAN, S/O.VELAYUDHAN PILLAI, MECHERI VEEDU, EDAYAR, BINANIPURAM, KADUNGALLUR, PARAVUR, ERNAKULAM. 2. M.V.JAYARAJAN, S/O.VELAYUDHAN PILLAI, MECHERI VEEDU, EDAYAR, BINANIPURAM P.O., KADUNGALLUR,PARAVUR, ERNAKULAM. BY ADVS. SRI.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE, SRI.MANU TOM. RESPONDENT: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE POUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE FOREST RANGE OFFICER, ALATHUR RANGE. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------ B.A. No. 3899 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 27(1) e (i) (iv) and 62 (d) of the Kerala Forest Act, 1961. According to prosecution, petitioners trespassed into the forest and destroyed seven jandas erected in the boundary and thereby committed the offences. 3. The incident happened on 18.05.2010 and petitioners were arrested on 16.06.2010. Petitioners are in custody for the past 15 days. Learned counsel for petitioner submitted that in respect of the property there was a Writ Petition before this court and this court had directed the forest officials to give land to the petitioners. They have not committed any offences alleged. There was no jandas erected in the property, it is submitted. 4. Learned Public Prosecutor submitted that the property in which petitioner trespassed into, is not the disputed property which was involved in the Writ Petition. The property in this case is situated 200 metres away from the disputed property, referred B.A. No. 3899 of 2010 2 in the Writ Petition. Petitioner committed trespass by removing the jandas erected. However, he has no objection in granting bail, taking into consideration stage of investigation, but stringent conditions may be imposed, it is submitted. It is likely that he will commit the offences again. He may not be allowed to enter the Alathur Range for the time being. Learned Public Prosecutor also pointed out that petitioners' address is shown in the cause title as per which he is residing in Ernakulam District. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. B.A. No. 3899 of 2010 3 ii) Petitioners shall not enter the limits of the Alathur Range, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iv) In case, petitioners are involved in any similar offence, their bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln