IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 4811 of 2009() ----------------------------- OR NO.4/2009 OF VELLIKULANGARA FOREST RANGE, THRISSUR .................... PETITIONER (S):ACCUSED -------------------- SEBI, S/O. JANARDANAN, EETTILAKAYAM HOUSE, KALLOOR VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4811 OF 2009 ------------------------------------------------------ Dated this the 14th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in O.R.No.4 of 2009 of Vellikulangara Forest Range. 2. The offence alleged against the accused persons is under Section 27(1)(e)(iii), (iv) and (v) of the Kerala Forest Act. 3. The prosecution case is that the accused persons cut and removed two sandal wood trees from Maramcode Reserve Forest of Vallikulangara Forest Range. The formal arrest of the petitioner was recorded on 17.7.2009, he having been arrested in connection with Crime No.393 of 2009 of Pudukkad Police Station. 4. Learned Public Prosecutor submitted that some of the accused were released on bail. It is also submitted that the final report is not filed so far. B.A. NO. 4811 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the present stage of investigation and the fact that some of the accused were released on bail and that charge is not laid in spite of the arrest on 17.7.2009, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakudy, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 4811 OF 2009 :: 3 :: 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 ahz/