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Judgment
The petitioner herein is the 2nd accused in O.R No.4/2017 of the Ottappalam Forest Range, registered under Sections 27 (1)(d) (e), (iii & iv), and 47 (C)(F) (G) (H), 52 and 84 of the Kerala Forest Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Sessions Judge Palakkad on 21.10.2017. The petitioner has been in judicial custody since 3.10.2017.
The prosecution case is that on 3.10.2017, the 1st accused cut and removed some sandal wood tree from the Government forest, and he made an attempt to sell the sandal pieces to this petitioner.
The report of the Investigating Officer is that the tree was in fact cut and removed by the 1st accused, and this petitioner was arrested on the suspicion that he offered to purchase the sandal pieces from the 1st accused. The sandal pieces were in fact seized from the possession of the 1st accused.
On a perusal of the materials, I find that the Forest Range Officer has collected necessary materials as against the petitioner herein and as against him, investigation is practically over. The main allegations are against the 1st accused, who cut and removed the sandal wood tree from the Government Forest. In the above circumstances, I feel it appropriate to grant bail to the petitioner, when the charge against him is not definite or simply that he agreed to purchase the sandal wood pieces.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing bond with two solvent sureties for 40,000/- (Rupees Fifty thousand only) each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating officer 10.00 a.m and 11 a.m on all Saturdays for a period of two months.
b. The petitioner shall not leave the limits of the Ottappalam Forest Range for two months.
c. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
d. The petitioner shall not involve in any offence punishable under the Kerala Forest Act, till trial of the case is over.