Kerala High Court

Bail Appl./9333/2021 of JAMNAS Vs STATE OF KERALA on 31 December 2021

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9333 OF 2021 CRIME NO.03/2021 OF Nellikuth Forest Station Office, Malappuram PETITIONER/ACCUSED: JAMNAS, AGED 41 YEARS SON OF BEERANKUTTY,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

BAIL APPL. NO. 9333 OF 2021

CRIME NO.03/2021 OF Nellikuth Forest Station Office, Malappuram PETITIONER/ACCUSED:

JAMNAS, AGED 41 YEARSSON OF BEERANKUTTY, THAIKANDY HOUSE, RAHIAN BAZAR,KOLATHARA P.O, KOZHIKODE., PIN - 673027BY ADVS. E.A.HARISP.C.NOUSHAD

RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALAERNAKULAM, PIN - 682031BY SMT. T.V. NEEMA PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

Dated this the 31st day of December, 2021

This is an application filed u/s 438 of Code of CriminalProcedure seeking pre-arrest bail.

2. The petitioner is the accused in O.R No.3/2021 ofNellikkuth Forest Station. The offences alleged are underSections 27(1)(e)(ii) and (iv) of the Kerala Forest Act.

3. The prosecution case in short is that the petitionertrespassed into the reserved forest and dumped waste materialsimilar to human excreta bundled in sacks in the forest area atNaadukanichuram and thereby committed the offence.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falselyimplicated in the present case. He further submitted that thereare no materials to connect the petitioner with the alleged crimeand hence he is entitled to get bail. The learned Public Prosecutoropposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.

6. The case records would show that the investigation ofthe case is almost over. The recovery has been effected. Thepetitioner has no criminal antecedents. Considering theallegations levelled against the petitioner, the custodialinterrogation of the petitioner does not appear to be necessary.For all these reasons, the petitioner is entitled to pre-arrest bailon conditions.

In the result, the application is allowed on the followingconditions:-

(i) The petitioner shall be released on bail in the event of his arrest on executing a bond for `1,00,000/- (Rupees One lakhonly) with two solvent sureties for the like sum each to thesatisfaction of the arresting officer/investigating officer, as thecase may be.

(ii) The petitioner shall fully co-operate with theinvestigation, including subjecting himself to the deemed police custody for the purpose of discovery, if any, as and whendemanded.

(iii) The petitioner shall appear before the investigatingofficer between 10.00 a.m and 11.00 a.m on every Saturdayuntil further orders. The petitioner shall also appear before theinvestigating officer as and when required by him.

The petitioner shall appear before the investigating

(iv) nature while on bail.

The petitioner shall not commit any offence of like

(v) The petitioner shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.

The petitioner shall not make any attempt to contact

(vi) the permission of the trial Court.

The petitioner shall not leave State of Kerala without Sd/- DR. KAUSER EDAPPAGATH

JUDGE

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