Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Bail Appl..No. 902 of 2014 () ------------------------------ CRIME NO. 8/2013 OF PALAKKAYAM FOREST STATION, PALAKKAD DISTRICT ----------------------------------------- APPLICANTS/ACCUSED NO.4 TO6 ---------------------------------------------------- 1. ABDUL REHMAN, AGED60YEARS, PROPRIETOR, KARIMPANIKKAL SAW MILL, KARIMPA, MANNARCAD TALUK, PALAKKAD DISTRICT.
2. SULAIMAN K.C., AGED50YEARS, S/O. HAMZA, KUTTIKATTIL HOUSE, AYIRANI, KARIMBA P.O., PALAKKAD DISTRICT.
3. ABDUL SHUKKOR, AGED31YEARS, S/O. MOHAMMED ALI, PALLIYALIL HOUSE, CHERULLY, KARIMBA P.O., PALAKKAD DISTRICT. BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS/COMPLAINANT & STATE : ---------------------------------------------------------------- 1. THE FOREST RANGE OFFICER, PALAKKAYAM FOREST STATION, PALAKKAYAM, PALAKKAD DISTRICT-678 591.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.902 of 2014 -------------------------------------------- Dated this the 11th day of February 2014 ORDER
Petitioners are accused nos.4 to 6 in O.R. No.8 of 2013 of the Palakkayam Forest station for various offences under the Forest Act for alleged trespass into forest area and felling trees.
2. Learned Special Public Prosecutor has opposed the application.
3. Learned counsel has invited my attention to the previous orders including Annxure A6, this court has passed on applications filed by some other accused in the case. Having regard to the circumstances stated in the previous orders, I am inclined to grant relief to the petitioners but, subject to conditions. The application is allowed as under.
1. Petitioners shall surrender before the officer investigating O.R. No.8 of 2013 of the Palakkayam Forest station on 17.02.2014 at 10.00 am for interrogation. Bail Appl. No.902 of 2014 2 2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which the petitioners shall comply.
3. It is open to the petitioners to produce all the relevant materials before the investigating officer.
4. In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
5. On such production learned magistrate shall release the petitioners (if not required to be detained otherwise) on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) One of the sureties shall be a close Bail Appl. No.902 of 2014 3 relative of any of the petitioners. b) Petitioner shall co-operate with the investigation of the case. c) So far bail bond executed by the 1st petitioner/4th accused is concerned, he shall deposit Rs.1,60,000/- (Rupees one lakh fifty thousand only) with the DFO, Mannarkkad within two weeks from the date of his release on bail and produce the receipt before the learned magistrate within a week from the date of deposit. d) In case the 1st petitioner/4th accused is found guilty and the department is proved to have suffered loss, the said loss could be realised to the extent possible from the amount deposited by the 1st petitioner. e) The appropriate authority could pass appropriate orders as regards disposal of the timber seized notwithstanding the above deposit. Bail Appl. No.902 of 2014 4 f) Petitioners shall report to the investigating officer as and when required for interrogation. g) Petitioners shall not get involved any offence during the period of this bail. h) Petitioners shall not influence or intimidate the witnesses. i) In case any of condition nos.(b) to (h) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge