Saji Mathew v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No. 2274 of 2015 ---------------------------------------- * O.R.NO. 2/2015 OF KOKKATHODE FOREST STATION, PATHANAMTHITTA DISTRICT * THE NAME OF THE FOREST STATION IS CORRECTED AS 'SOUTH KUMARAMPEROOR FOREST STATION' INSTEAD OF 'KOKKATHODE FOREST STATION' AS PER ORDER DATED 12-05-2015 IN CRL.M.A.NO.4525 OF 2015 ----------------- PETITIONER(S)/ACCUSED NO.1 :

------------------------------------------------- SAJI MATHEW, AGED 28 YEARS, S/O.MATHAI, VELOOR VEEDU, MATHAI MURUPPU, NEDUMBARA, KUMMANNOOR.P.O., MULANTHARA, KONNI.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE :

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. [O.R.NO.2/2015 OF KOKKATHODE FOREST STATION, PATHANAMTHITTA DISTRICT].

2. DEPUTY FOREST RANGE OFFICER, KOKKATHODE FOREST STATION, PATHANAMTHITTA DISTRICT, [O.R.NO.2/2015 OF KOKKATHODE FOREST STATION, PATHANAMTHITTA DISTRICT].

BY SRI.TOM JOSE PADINJARAKARA, ADDITIONAL D.G.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No.2274 of 2015 --------------------------------------- Dated this the 12th day of May, 2015

O R D E R

The petitioner is alleged to have been committed the offences under Section 27(1)(e)(iv) of the Kerala Forest Act and Section 51 read with Section 9 of the Wild Life (Protection) Act, 1972. He has been in custody since 04.04.2015.

2. Heard.

3. Having regard to the nature of offence and the period of custody, I am inclined to grant bail to the petitioner.

4. In the result, this application is allowed. i. Petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the lower court concerned.

ii. The petitioner shall appear before the investigating officer between 10.30 a.m and 11.30 a.m on

B.A. No.2274 of 2015 alternate Friday for three months or till the final report is filed, whichever is earlier.

iii. Petitioner shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

iv. Petitioner shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

v. Petitioner shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

In case of violation, the lower court concerned is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW, JUDGE sp