Velayudhan vs State Of Kerala

Shircy V, J

The petitioner, who is the 1st accused in O.R. No. 5 of 2021 of Forest Range Office, Alathur registered for the offences punishable under Sections 27(1)(e)(iii) and (iv), 47B(1), 47C(1)I, 47G of the Kerala Forest Act, 1961, has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.

The petitioner has been in custody since 28.08.2021.

The prosecution allegation is that this petitioner along with the other accused, three in number, have trespassed into Alathur forest area, Nenmara forest division, illegally and cut and removed 31 sandalwood trees and committed theft of the same and illegally transported sandalwood logs from the forest and thereby committed the aforesaid offences.

The learned counsel for the petitioner has raised a plea of false implication.

The learned Public Prosecutor has submitted that all the accused involved in this crime have not been arrested and the investigation of the case is only going on.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The offences alleged against this petitioner is no doubt grave and serious in nature. The investigation of the case is only in progress and all the accused persons have not been arrested and it is not clear from the records that recovery of the entire articles cut and removed by this petitioner along with the other accused have been recovered. So at this stage, i.e., before completion of the investigation, if he is released on bail, there is every possibility to repeat similar offences and to cause obstacles to the smooth progress of the investigation. The possibility to abscond also cannot be ruled out. Therefore, I am not inclined to release him on bail at this stage.

Dismissed.