Abbas vs State Of Kerala

Shircy V, J

The petitioners are accused Nos. 6, 7 and 8 in O.R. No. 14 of 2021 of Forest Range Office, Alathur registered for the offences punishable under Sections 27(1)(e)(iii) and (iv), 47B(1) and 47G of the Kerala Forest Act.

The petitioners are undergoing incarceration since 06.10.2021.

The prosecution allegation is that these petitioners along with the other accused have trespassed into the forest land of Nenmara Forest Division and cut and removed one sandalwood tree and transported the same from the forest land for wrongful gain and thereby committed the aforesaid offences.

The petitioners have raised a plea of false implication.

But the learned Public Prosecutor has submitted that the petitioners were caught red handed by the forest officials. But now the investigation of the case is practically over.

Considering the period of detention undergone by them in judicial custody, the present stage of investigation as well the other facts and circumstances involved in this case, I am inclined to release them on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.