C. P. Faizal v. State of Kerala represented by Deputy Range Forest Officer Through Public Prosecutor High Court of Kerala
2013-11-06
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. These applications are filed by the same petitioner who is the 4th accused, in O.R.Nos.12, 10, 11 and 14 of 2013, all of the Sholayur Forest Station for the various offences punishable under the Forest Act. 2. Allegation against the petitioner is that he purchased sandalwood from some of the accused in the above said cases. Petitioner is in custody from 28.09.2013 and seeks, as his earlier applications were dismissed by this Court, bail. 3. Learned Public Prosecutor has submitted that the sandalwood (allegedly) purchased by the petitioner in the above cases are yet to be recovered. 4. Learned counsel has pointed out that some of the accused in the above said cases are granted regular bail as per order dated 17.10.2013 in B.A.No.6831 of 2013 and connected applications. 5. Having regard to the above circumstances, I am inclined to grant bail to the petitioner but, take effect from a future date since investigation of the cases is not complete. The Investigating Officer can take steps to conduct further investigation in the matter, if any in the meantime. Also, conditions are to be imposed on the petitioner so that he does not get involved in similar offences in future. Resultantly these applications are allowed as under: (i) Petitioner (4th accused) is granted bail in O.R.Nos.10, 11, 12 and 14 of 2013 of the Sholayur Forest Station and will be released, if not required to be detained otherwise on his executing bond for Rs.30,000/-(Rupees Twenty Five Thousand Only) (in each cases) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the Officer investigating the above said crime cases on every Saturday between 10 a.m and 12 p.m until filing of the final report or for a period of two months, whichever is earlier. (c) Petitioner shall report to the Investigating Officer as and when directed for interrogation, at all reasonable time and places. (d) Except if necessary for compliance with the above condition, petitioner shall not go beyond Malappuram and Palakkad districts until otherwise ordered and except with the permission of the learned magistrate. (e) Petitioner shall not, during the period of this bail get involved in any offence.
(d) Except if necessary for compliance with the above condition, petitioner shall not go beyond Malappuram and Palakkad districts until otherwise ordered and except with the permission of the learned magistrate. (e) Petitioner shall not, during the period of this bail get involved in any offence. (f) In case of violation of any of the conditions the bail granted hereby is liable to be cancelled by moving application before the jurisdictional magistrate as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100). (g) This order granting bail will take effect only from 16.11.2013.