Abbas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Bail Appl..No. 7276 of 2015 ----------------------------------------- O.R.NO.7/2015 OF AKAMALA FOREST STATION, MACHAD RANGE, THRISSUR DISTRICT ----------------- PETITIONER(S)/5TH ACCUSED :

-------------------------------------------------- ABBAS, AGED 61 YEARS, S/O.EETHA, MAKKADAYIL HOUSE, P.O.VALLAPPUZHA, CHERUMUKKU DESAM, CHARKODE, PATTAMBI, PALAKKAD DISTRICT.

BY ADVS.SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ SRI.V.HARISH RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY DEPUTY RANGE OFFICER, AKAMALA FOREST STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

BY SR.PUBLIC PROSECUTOR SRI.SHIBU JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 8th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in O.R.No.7 of 2015 of Akamala Forest Station registered for the offences punishable under Section 27(1)(e)(iii)(IV) and Sections 47C

(1) and 47(g) of the Kerala Forest Act, 1961. 3.

Prosecution case is that the petitioner unauthorizedly purchased sandal wood and committed the above said offences.

4.

Heard both sides.

5.

Learned counsel for the petitioner relying on Annexure-A1 discharge summary issued by the Apollo BGS Hospitals, Mysore contended that the petitioner sustained very serious injuries in a road accident. Apart from head injury and multiple fractures, he is having other health problems.

6.

Learned Public Prosecutor on instructions submitted that the petitioner is taking review from Kovai

Medical College, Coimbatore regularly.

7.

Considering the nature of the allegations, I am inclined to grant bail to the petitioner with the following conditions:

(a) The petitioner shall surrender before the Investigating Officer within a period of 'three weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer as and when directed for the purpose of interrogation.

(c) The petitioner shall co-operate with the investigation of the case.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge