Mani K.R. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Bail Appl..No. 598 of 2015 () ------------------------------ OR. NO. 2/2015 OF FOREST RANGE OFFICE, TALIPARAMBA. .....
PETITIONER/ACCUSED NO. 1 IN THE OR:
------------------------------------------------------------ MANI K.R., AGED 65/15, S/O. RAGHAVAN, PERINGOME AMSOM, TALIPARAMBA TALUK, VIA. PAYYANNUR.
BY ADV. DR.K.P.PRADEEP.
RESPONDENTS/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI-682 031.
2. FOREST RANGE OFFICER, RANGE OFFICE, TALIPARAMBA, KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI - 682 031. BY PUBLIC PROSECUTOR SRI.SHIBU GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
B.KEMAL PASHA, J.
................................................................ B.A. No.598 OF 2015 ............................................................... Dated this the 3rd day of February, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the first accused in O.R. No.2/2015 of the Forest Range Office, Taliparamba registered for the offences punishable under Sections 47A(a), 47(C), 47(F)(1) (2), 47(G) and 47(H) of Kerala Forest Act.
3.
The allegation against the petitioner is that on 18.01.2015 the Forest Officer, Karamaramthattu Section Forest Range and staff seized sandal wood pieces weighing 14.5 kg from the premises of the house of the petitioner herein. The petitioner has been in custody for the period from 18.01.2015 onwards.
4.
Heard learned counsel for the petitioner and the
B.A.No. 598 of 2015 -: 2 :- learned Public Prosecutor. Perused the CD.
5.
No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11
B.A.No. 598 of 2015 -: 3 :- a.m. on all Tuesdays and Fridays commencing from 10.02.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge