IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5657 of 2009() ----------------------------- CMP.3249/2009 of J.M.F.C.,KASARAGOD O.R. NO.26/2009 OF THE FOREST RANGE OFFICER, KSARAGOD .................... PETITIONER/ACCUSED A1 & A2 ---------------------------------------------- 1. P.M.MOHAMMED, AGED 48 YEARS, S/O.ABDUL RAHMAN, SAJIDA MANZIL, NEAR MARTHOMA SCHOOL, CHERKALA, CHENGALA VILLAGE & POST, KASARAGOD DISTRICT. 2. AMEER, AGED 20 YEARS, S/O.P.M.MOHAMMED, SAJIDA MANZIL, NEAR MARTHOMA SCHOOL, CHERKALA, CHENGALA VILLAGE & POST, KASARAGOD DISTRICT. BY ADV. SRI.K.ANAND RESPONDENTS/COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, KASARAGOD. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5657 of 2009 ------------------------------------ Dated this the 7th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused persons in O.R. No. 26/2009 of the Forest Range Officer, Kasaragod. 2. The offences alleged against the petitioners are under Section 27(1)(d) and Section 27(1)(e)(iii)&(iv) of the Kerala Forest Act. 3. The prosecution case is that on 14/9/2009, the accused persons trespassed into the reserve forest, felled a teak tree and attempted to transport the same in a Maruti Omni Van. The petitioners were arrested on 14/9/2009 and they were remanded to judicial custody. The timber logs are worth Rs.6,000/-. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. B.A. No. 5657 / 2009 2 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/-each with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod subject to the following conditions:- A) The first petitioner shall report before the Investigating Officer on all Mondays and the second petitioner shall report before the Investigating Officer on all Mondays and Thursdays, between 9 A.M. and 11 A.M. till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm