Kerala High Court
Bail Appl./7539/2008 of AJI Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER, 2008 / 9TH POUSHA, 1930 Bail Appl..No. 7539 of 2008 (OR.24/2008 of Forest Range Office, Palode & Crl.M.P.No.3487 of 2008 of Sessions Court, Kollam) .................... PETITIONER/
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
TUESDAY, THE 30TH DECEMBER, 2008 / 9TH POUSHA, 1930
Bail Appl..No. 7539 of 2008
(OR.24/2008 of Forest Range Office, Palode &
Crl.M.P.No.3487 of 2008 of Sessions Court, Kollam)
....................
PETITIONER/ 3RD ACCUSED:
------------------------------------------- AJI, S/O.THANKAPPAN, KIZHAKKUMKARA
THOTTARIKATHU VEEDU, NANTHIYODE PACHA(PO), NEDUMANGADU, THIRUVANANTHAPURAM.
BY ADV. SRI.K.SASIKUMAR
SRI.S.SREEDUTT
RESPONDENT:
--------------------
STATE OF KERALA REPRESENED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2008, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.K. MOHANAN, J.
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Bail Application No. 7539 of 2008 - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2008.
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O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitionerwho is the third accused in O.R. No. 24 of 2008 registered by theForest Range Office, Palode alleging commission of offencespunishable under Secs. 27(1)(e)(iii) and (iv) of the KeralaForest Act, seeks anticipatory bail.
2. I heard the learned counsel for the petitioner andthe learned Public Prosecutor.
3. Having regard to the nature of the allegationslevelled against the petitioner and the other circumstances of thecase, I am inclined to grant anticipatory bail to the petitioner.Accordingly, a direction is issued to the officer-in-charge of theForest Range Office, Palode to release the petitioner on bail for aperiod of one month in the event of his arrest in connection withthe above case on his executing a bond for Rs.25,000/- (RupeesTwenty Five Thousand only) with two solvent sureties each forthe like amount to the satisfaction of the said officer and subjectto the following conditions:
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1. Petitioner shall report before theInvestigating Officer between 9 a.m. and11 a.m. on all Wednesdays.Investigating Officer between 9 a.m. and11 a.m. on all Wednesdays.
2. Petitioner shall make himself availablefor interrogation as and when requiredby the Investigating Officer.for interrogation as and when requiredby the Investigating Officer.
3. Petitioner shall not influence or intimidatethe prosecution witnesses nor shall heattempt to tamper with the evidence forthe prosecution.the prosecution witnesses nor shall heattempt to tamper with the evidence forthe prosecution.
4. Petitioner shall not commit any offencewhile on bail.while on bail.
5. Petitioner shall surrender before theMagistrate concerned and seek regularbail in the meanwhile.Magistrate concerned and seek regularbail in the meanwhile.
If the petitioner commits breach of any of the aboveconditions, the bail granted to him shall be liable to becancelled.
This application is allowed as above.
Mbs/
V.K.MOHANAN,
JUDGE.