IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3095 of 2009() -------------------------------------- OR NO.2 OF 2009 OF VELLIKULANGARA FOREST RANGE. PETITIONER/ACCUSED (UNDER CUSTODY) ------------------------------------------------------ ABDUL REHMAN,S/O.SUBRAMANYAN (ADAM), MURUNGATHODY HOUSE,KOLATHOOR VILLAGE, WEST KULAMBU DESOM,PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT : --------------------------- STATE OF KERALA, REP.BY THE RANGE OFFICER,VELLIKULANGARA, FOREST RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009 ALONG WITH BA NO.3096/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 3095 & 3096 of 2009 ------------------------------------ Dated this the 11th day of June, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure Code. The petitioner is the 5th accused in OR No.2/2009 and accused No.1 in OR No.6/2009 of Vellikkulangara Forest Range. 2. The offence alleged against the petitioner in these cases is under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act. The petitioner was arrested on 29/04/2009 in connection with another case, that is OR No.7/2009. 3. The allegation against the accused in OR No.2/2009 is that on 11/01/2009, they cut and removed sandalwood trees from the Reserve Forest. The allegation in OR No.6/2009 is that on 29/04/2009, the petitioner had cut and removed two sandalwood trees and sold the same to the second accused. As stated earlier, the petitioner is involved in OR No.7/2009, where also, similar allegations are made. 4. The Bail Application is seriously opposed by the Public Prosecutor. It is submitted that the petitioner is involved B.A. Nos. 3095 & 3096 /2009 2 continuously in prejudicial activities and if he is released on bail he will indulge in such activities again. It is also stated that stolen articles were not recovered. It is most likely that the petitioner would influence or intimidate the witnesses and it would seriously affect the proper investigation of the case. 5. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner, at his stage. These Bail applications are accordingly dismissed. K.T. SANKARAN, JUDGE scm