Sulaiman vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioner is the second accused in O.R.No.2/2023 of Kollengode Forest Range Office, Palakkad District, registered for having committed offences punishable under Sections 27(i)(e)iii & iv, 47B, 47C, 47G, 47H & 52 of the Kerala Forest Act, 1961.

The prosecution case is that on 2.8.2023, the petitioner trespassed into Kollengode Range Forest which is included in VFC item No.195 of Kollengode Section at Nirakkode and illegally cut and removed sandal from the boundary without any authority and thus, committed the above offences.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 7.9.2023, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into account the allegations against the petitioner and the fact that major part of the investigation is over, and that the petitioner has been detained since 7.9.2023 and as no apprehension being raised by the prosecution that if released on bail the petitioner is likely to abscond, I am inclined to grant bail under such circumstances. Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall report before the Investigating Officer as and when directed.

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the jurisdictional court concerned will be empowered to take steps for cancellation of bail as per law.