IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Bail Appl..No. 2482 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.735/2009 Dated 12/03/2009 CRMP.3045/2009 of J.M.F.C. - I, CHALAKUDY O.R. NO.1/2009 OF VELLIKULANGARA FOREST RANGE .................... PETITIONER/ 10TH ACCUSED: ------------------------------------------ AJAYAN @ AJI, S/O.NARAYANAN, VELAKKATTU HOUSE, MUTTITHADI P.O., KALLOOR, THRISSUR. BY ADV. SRI.K.I.SAGEER RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY RANGE OFFICER, VELLIKULANGARA FOREST RANGE, (O.R.NO.1/2009) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ,PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------------------- B.A. No. 2482 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the 10th accused in O.R.No.1/2009 of Vellikulangara Forest Range. The case is that the accused committed offence under section 7(1) e(iii) and e(iv) of the Kerala Forest Act the sandal wood was cut and removed from the reserved forest. Petitioner surrendered on 26.3.2009 and moved bail application before Judicial First Class Magistrate. Under Annexure- C order, bail application was dismissed on 26.3.2009. This petition is moved for bail thereafter under section 439 of the Code of Criminal Procedure. 2. Learned counsel for the petitioner and Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner is entitled to get the statutory bail as the final report is not B.A. No. 2482 OF 2009 2 submitted till this day. Learned Public Prosecutor did not dispute this fact. 4. Bail application is disposed directing the Judicial First Class Magistrate, Chalakkudy, to release the petitioner on bail, if he is entitled to the statutory bail under section 167(2) of the Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE vps