MUHAMMEDKUTTY @ MANI vs STATE OF KERALA,

The petitioner herein is the 2nd accused in O.R

No.4/2017 of the Ottappalam Forest Range, registered

under Sections 27 (1)(d) (e), (iii & iv), and 47 (C)(F) (G) (H),

52 and 84 of the Kerala Forest Act. He seeks regular bail

under Section 439 of the Code of Criminal Procedure. The

application filed by him for regular bail was dismissed by

the learned Sessions Judge Palakkad on 21.10.2017. The

petitioner has been in judicial custody since 3.10.2017.

The prosecution case is that on 3.10.2017, the

1st accused cut and removed some sandal wood tree from

the Government forest, and he made an attempt to sell the

sandal pieces to this petitioner.

The report of the Investigating Officer is that the

tree was in fact cut and removed by the 1st accused, and

this petitioner was arrested on the suspicion that he offered

to purchase the sandal pieces from the 1st accused. The

sandal pieces were in fact seized from the possession of the

1st accused.

On a perusal of the materials, I find that the

Forest Range Officer has collected necessary materials as

against the petitioner herein and as against him,

investigation is practically over. The main allegations are

against the 1st accused, who cut and removed the sandal

wood tree from the Government Forest. In the above

circumstances, I feel it appropriate to grant bail to the

petitioner, when the charge against him is not definite or

simply that he agreed to purchase the sandal wood pieces.

In the result, this application for bail is allowed. The

petitioner will be released on bail on his executing bond

with two solvent sureties for 40,000/- (Rupees Fifty

thousand only) each to the satisfaction of the court below

having jurisdiction. Bail is granted on condition that;

a. The petitioner shall report before the

Investigating officer 10.00 a.m and 11 a.m on all Saturdays

for a period of two months.

b. The petitioner shall not leave the limits of the

Ottappalam Forest Range for two months.

c. The petitioner shall not in any manner influence

or intimidate the witnesses and he shall not have any

contact with the material witnesses directly or over

telephone or otherwise.

d. The petitioner shall not involve in any offence

punishable under the Kerala Forest Act, till trial of the case is

over.