Kerala High Court
Madusudhanan vs Deputy Forest Range Officer on 15 July, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY,THE 15TH DAY OF JULY 2014/24TH ASHADHA, 1936
Bail Appl..No. 5140 of 2014 ()
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OR NO. 1/2014 OF MUTHANGA MUTHANGA FOREST RANGE, WAYANAD
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PETITIONERS/ACCUSED NOS. 2 & 3 :
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1. MADUSUDHANAN, AGED 42 TEARS,
S/O.GOVINTHAN NAIR, CHALUMPATTIL HOUSE,
KAYALAM POST, MAVOOR, KOZHIKODE
2. USMAN, AGED 51 YEARS, S/O.ABDULA,
PALATHUKUTTIYIL HOUSE, CHELANOOR,
KOZHIKODE
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENTS/COMPLAINANT & STATE:
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1. DEPUTY FOREST RANGE OFFICER,
MUTHANGA RANGE OFFICE, WAYANAD
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKUILAM, KOCHI - 682 031
BY PUBLIC PROSECUTOR SRI. SHIBU JOSEPH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 15-07-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BP
THOMAS P. JOSEPH, J
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B.A.No.5140 of 2014
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Dated this the 15th day of July, 2014
ORDER
Petitioners are accused 2 and 3 in O.R. No.01 of 2014 of the Muthanga Forest Range Office for offences punishable under the Forest Act (learned Public Prosecutor submits that the acts alleged violate of provisions of the Kerala Forest Produce Transit Rules as well), are in custody from 03.06.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioners collected forest products from the first accused and transported the same in a lorry without authority which was detected and seized on 03.06.2014.
3. Learned counsel submitted that further detention is not required.
4. True that the first accused is still at large. But these petitioners are in custody from 03.06.2014 and are not reported to be involved in any other case from the Muthanga Forest Range Office. Having regard to the relevant circumstances, I am inclined to think that further detention of the petitioners is not required. Hence I am inclined to grant B.A.No.5140 of 2014 2 relief to the petitioners but subject to conditions to prevent recurrence of such incidents in future.
Application is allowed as under:
(i) Petitioners are granted bail in O.R. No.01 of 2014 of the Muthanga Forest Range Office and shall be released (if not required to be detained otherwise) 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 jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners shall report to the officer investigating the case on every alternate Saturday between 03.00 p.m and
05.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(c) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioners shall not intimidate or influence the witnesses.
B.A.No.5140 of 2014 3
(ii) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/
P.A. to Judge