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Judgment
The petitioner herein is the first accused in O.R
No.11/2017 of the Ommala Forest Range, Mannarkkad
registered under Sections 27 (1) (e), (iii & iv), and 47C (1)
and 47G (1) 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 Judicial First Class Magistrate,Mannarkad on
24.10.2017. The petitioner has been in judicial custody
since 13.10.2017.
The prosecution case is that this petitioner and
the other juvenile trespassed into the Government Forest in
between 6.30 and 8.30 a.m on 13.10.2017 and cut and
removed six sandal wood trees. The accused and the
juvenile were caught red handed at the forest and the
timber pieces were seized as per mahazar by the Forest
Officials.
On hearing both sides, and on a perusal of the
materials, I find that the petitioner cannot be now released
on bail. Some more important witnesses remain to be
questioned by the Investigating Officer. I also find prima
facie materials substantiating the allegations against the
accused. The request for bail will be considered at a later
stage when major part of investigation is over.
In the result, this application for bail is dismissed.