Shamseer vs State Of Kerala

Gopinath P, J

These are applications for regular bail.

The  petitioner  in  these  bail  applications  is  the  3rd accused in O.R. No.11/2021 and also in O.R.No.13/2021, both of Forest Range Office, Alathur, Palakkad District, alleging commission of offences under Sections 27(1)(e)(iii) & (iv), under Section 47B(1) & 47 G of the Kerala Forest Act, 1961. In both the cases, the allegation against the petitioner is that the petitioner along with the other accused cut and removed a total of 8 sandalwood trees, in violation of law and thereby, he committed the offences alleged against him.

Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that he has been falsely implicated. It is submitted that the petitioner was arrested on 09-03-2022 and is in custody since. It is submitted that this Court through order in bail application No.8368/2021 had granted bail to accused Nos.3 to 5 in O.R. No.11/2021 of Alathur Forest Range Office, Plakkad. It is submitted that the very same persons are also accused in O.R.No.13/2021 and they had obtained bail in that case also. It is submitted that the continued detention of the petitioner is not necessary in the facts circumstances of the case.

Learned Public Prosecutor opposes the grant of bail. Circumstances of the case appearing against the petitioner are pointed out. It is submitted that the petitioner along with the other accused are alleged to have committed serious offences and therefore he is not entitled to be released on bail. It is also submitted that some among the accused are absconding.

Having regard to the facts and circumstance of the case considering the fact that the petitioner has been in custody for 78 days and also considering the fact that some of the other accused in these cases have already been granted bail, I am of the view that the petitioner can also be directed to be released on bail subject to conditions.

In the result these bail applications are allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court in each case;

(ii) The Petitioner shall report before the Investigating officer in O.R. No.11/2021 & O.R.No.13/2021 Forest Range Office, Alathur, Palakkad District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or influence or intimidate any witness in O.R. No.11/2021 & O.R.No.13/2021 Forest Range Office, Alathur, Palakkad District ;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in O.R. No.11/2021 & O.R.No.13/2021 Forest Range Office, Alathur, Palakkad District may file an application before the jurisdictional Court for cancellation of bail.