Abdul Majeed T vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner is the sole accused in Crime No.504 of 2024 of Manjeshwar Police Station, Kasargod. He allegedly had committed the offence punishable under Section 47(G)(1) of the Kerala Forest Act, 1961.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegation is that, on 24.08.2024, at around 12.15 p.m, the accused was found in possession of pieces of sandalwood weighing 2.5 kg concealed in a plastic cover on the Pavoor Road near the Holy Cross Church at Pavoor.

The petitioner would contend that he did not involve in the alleged crime, and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably, and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserves only to be dismissed.

After registration of the crime, the matter was transmitted to the Forest Range Office, Kasargod, and registered as O.R.No.10 of 2024. It is seen that the sandalwood was collected from the revenue land and was being transported. No other criminal antecedent is attributed to the petitioner. The petitioner is a person who hails from the state of Karnataka, he cannot be granted absolute freedom, although the petitioner’s further detention is seen unnecessary.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail on strict conditions.

In the result, the bail application is allowed, and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- (Rupees One Lakh only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

(iv) Sureties shall be persons hailing from the State of Kerala having immovable property or employment in Kerala.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.