Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Bail Appl..No.938 OF 2021 CRIME NO.10/2020 OF Mupliyam Forest Station , Thrissur PETITIONER/S:
1 RATHEESH AGED 40 YEARS KADAMBADIPPURAKKAL HOUSE, MUTTIKULANGARA DESOM, PUTHUPARAIYARAM VILLAGE, MANNARKKADU TALUK, PALAKKAD DIST 2 FAIZAL AGED 34 YEARS S/O. MOITHUNNI, CHERUPURATH HOUSE, NATTUKAL DESOM, THACHANATTUKARA VILLAGE, OTTAPPALAM TALUK, PAIAKKAD DIST 3 KANAKARAJ AGED 25 YEARS S/O. CHINNASWAMI, VANDAKAPPADI URU, MATTUPETTY DESOM, VELLIMALAI TALUK, KALLAKKURISSI DIST., TTRMILNADU. 4 VENKIDESAN AGED 41 YEARS S/O. JADAYANDI, VELANNUR PO., KALIYAKOTTAI VILLAGE, DHARMAPURI 530, ARUR TALUK, DHARMAPURI DIST., TAMILNADU BY ADVS. SHRI.PRABHU K.N. SHRI.MANUMON A. SRI.JAYAN KUTTICHAKKU
RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SMT.V.SREEJA -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2021, ALONG WITH Bail Appl..939/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Bail Appl..No.939 OF 2021 CRIME NO.11/2020 OF Mupliyam Forest Station , Thrissur PETITIONER/S:
1 RATHEESH AGED 40 YEARS KADAMBADIPPURAKKAL HOUSE, MUTTIKULANGARA DESORN, PUTHUPARAIYARAM VILLAGE, MANNARKKADU TALUK, PALAKKAD DIST 2 FAIZAL AGED 34 YEARS S/O. MOITHUNNI, CHERUPURATH HOUSE, NATTUKAL DESOM, THACHANATTUHARA VILLAGE, OTTAPPALAM'IALUK, PAIAKKAD DIST. 3 KANAKARAJ AGED 25 YEARS S/O. CHINNASWAMI, VANDAKAPPADI URU, MATTUPETTY DESOM, VELLIMALAI TALUK, KALLAKKURISSI DIST., TTRMILNADU 4 VENKIDESAN AGED 41 YEARS S/O. JADAYANDI, VELANNUR PO., KALIYAKOTTAI VILLAGE, DHARMAPURI 530, ARUR TALUK, DHARMAPURI DIST., TAMILNADU BY ADVS. SHRI.PRABHU K.N. SHRI.MANUMON A. SRI.JAYAN KUTTICHAKKU
RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2021, ALONG WITH Bail Appl..938/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 29th day of January 2021 Applications for regular bail under Section 439 of Cr.P.C. B.A No.938 of 2021 pertains to OR No.10/2020 while B.A. No.939/2020 pertains to OR No.11/2020, both of Mupliyam Forest Station, Thrissur.
2. The prosecution case, in brief, is thus:- The applicants
were arrested on 21.12.2020 in connection with a crime which was committed in OR No.11/2020 for offences punishable under Sections 27(1) (e) (iv) (iii), 47 G and 61 of the Kerala Forest Act. The allegation is that they had trespassed into a notified reserve forest area armed with implements to cut and remove the sandal woods trees from there. Consequent to their arrest, they applied for bail before the jurisdictional court and the same was dismissed. Hence,applicants have approached this court for regular bail. In OR No.10/2020, the allegation against them is that on 19.12.2020 they had trespassed into Vellikulangara
Reserve Forest and cut four sandal wood trees from there. It was on the basis of the confession statement that they have given in O.R. No.11/2020 that they have been implicated in OR No.10/2020 also.
3. They have been in custody since 21.12.2020 and
custodial interrogation is over. The 1 st accused who was arrested has already granted bail. The applicants also seek bail since no purpose will be served by further incarceration of the applicants. Their arrest in OR No.10/2020 was formally recorded on 29.12.2020.
4. Heard the learned counsel for the applicants and the learned Public Prosecutor.
5. The learned Public Prosecutor admits that the applicants do not have any criminal antecedents apart from these two crimes. The sandal wood allegedly cut by them has been recovered and therefore, I find no reason for further incarceration of the applicants as they are willing to cooperate with the investigation.
6. Hence, the Bail Applications are allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties (preferably local sureties), each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(I) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final report whichever is earlier.
(ii) They shall not get involved in similar cases during the currency of the bail.
(iii) They shall not tamper with evidence, intimidate or influence the witnesses .
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court. Sd/- ASHOK MENON JUDGE rmm