Bail Appl./9200/2021 of SHIBU K. R. Vs STATE OF KERALA on 31 December 2021

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 No. 4 in O.R.No.12/2021of Thaliparamba Forest Range. The offences alleged are underSections 27(1) (d), 47A, 47B, 47C, 47D, 47F, 47G, 47H, 52, 61Aand 84 of the Kerala Forest Act.

3. The prosecution case in short is that on 8.11.2021when the Forest Range Officer, Thaliparamba along with his partyreached in an uninhabited property of Vilayarkod inChapparapadavu Village, the accused were found engaged incutting of sandalwood tree in violation of the Kerala Forest Actand 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 there are 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 allegedincident occurred as a part of the intentional criminal acts of thepetitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.

6. The accused Nos. 1 to 3 were arrested at the spot.Admittedly, the petitioner was not arrested at spot. The caserecords would show that the petitioner was implicated on theconfession statement of the remaining accused. Annexure A2would show that the mother of the petitioner is undergoingtreatment for cancer. According to the petitioner, there isnobody other than him to look after his ailing mother.Considering the allegations levelled against the petitioner, thecustodial interrogation of the petitioner does not appear to benecessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions.

In the result, the application is allowed on the followingconditions:- B.A.No.9200/2021

(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 policecustody for the purpose of discovery, if any, as and whendemanded.

The petitioner shall fully co-operate with the

(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 the The petitioner shall not make any attempt to contact B.A.No.9200/2021

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investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

kp True copy

P.A. To Judge