Kerala High Court
Muneer vs Deputy Forest Ranger Officer on 31 January, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 31ST DAY OF JANUARY 2018 / 11TH MAGHA, 1939
Bail Appl..No. 560 of 2018
O.R.NO.1/2017 EZHAMKULAM FOREST STATION, KOLLAM DISTRICT.
...
PETITIONERS/1 & 2 ACCUSED :
1 MUNEER, AGED 28,
S/O.AHAMED, PALLATHU VEEDU,
VEMBILAYAMA P.O, OTTAPPALAM,
PALAKKAD.
2 SHAJIMON, AGED 33, S/O. ABU,
VEDATHU PALLIVAZHI VEEDU,
NALLAYAM P.O., OTTAPALAM, PALAKKAD.
BY ADVS.SRI.D.SHAJI
SMT.M.R.JAYALATHA
RESPONDENT(S)/COMPLAINANT/STATE:
1. DEPUTY FOREST RANGER OFFICER,
EZHAMKULAM FOREST STATION,
KOLLAM.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY SPECIAL GOVT. PLEADER(FOREST) SRI.NAGARAJ NARAYANAN
BY PUBLIC PROSECUTOR SRI.SAJJU. S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 31-01-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V., J
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B.A. No. 560 of 2018
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Dated this the 31st day of January, 2018
ORDER
1.This petition is filed under Section 439 of the Code of Criminal Procedure.
2.The petitioners herein are the accused Nos.1 & 2 in O.R. No. 1 of 2017 of the Ezhumkulam Forest Station, Kollam District, registered under Sections 47(1)(c) r/w. Section 47G of the Kerala Forest Act, 1961.
3.On 27.12.2017 at 2.30 PM, the petitioners herein were intercepted by the Sub Inspector of Police, Kollam East Police Station and on search, they were found having in their possession, 31.5 kilograms of sandalwood logs. They were arrested then and there and were produced before the learned Magistrate. Finding that a forest offence had been committed, they were handed over to the forest officers. O.R.No.1 of 2017 of Ezhamkulam Forest Station was consequently registered on 31.12.2017. Formal arrest was recorded on 4.1.2018 in the instant case.
BA.560/18 -:2:-
4.The learned counsel appearing for the petitioners submitted that the petitioners are totally innocent. It is submitted that they may now be released on bail having regard to the period of incarceration undergone by them.
5.The learned Public Prosecutor has opposed the prayer. It is submitted that the petitioners herein had purchased the sandalwood logs from certain private persons of Paravoor, Kollam and it was at the instance of one Mr. Jalaludheen. The said person has not been apprehended till date. However, it is fairly submitted that insofar as the petitioners are concerned, the investigation has progressed much.
6.I have considered the submissions advanced and have gone through the case diary.
7.The investigating officer has been able to make enough headway in the investigation. Further detention of the petitioners does not appear to be warranted. I am of the view that the petitioners can now be released on bail. In the result, this petition will stand allowed. However, it shall be subject to the following conditions: BA.560/18 -:3:-
(a)The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) The petitioners shall appear before the Investigating Officer on every Mondays and Saturdays between 9 a.m. and 11 a.m., for a period of one month or till final report is filed, whichever is earlier.
(c)The petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(d)The petitioners shall not commit any offence while they are on bail.
(e)The petitioners shall not leave the country without the permission of the concerned Court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
Raja Vijayaraghavan V., Judge krj.31/1 //True copy// P.A. To Judge