MUHAMMAD AZKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that on 20.10.2020, the applicants along with the other accused unlawfully trespassed into the Kodassery notifying reserve forest and cut and removed 44 sandalwood trees and tried to transport the 54 pieces of sandalwood in a Tata Tempo Lorry bearing Reg.No.KL-20-3886 and four pieces of sandalwood were attempted to transport in a Hyundai Eon car bearing Reg.No.KL-52-G-1514. The officials intercepted the vehicle and the contraband was seized. The first accused was arrested from the scene of occurrence while the second accused who along with the fourth accused were drivers was subsequently arrested on the same day and remanded to judicial custody. The applicants were again incorporated in two other crimes in OR No.9/2020 on 25.10.2020, and OR No.8/2020 was registered on 24.10.2020 for having cut and removed sandalwood trees from different portions of the forest. Accordingly, they are being prosecuted in those crimes also. The formal arrest of the applicants in those two OR were recorded on 05.11.2020.

(3.) The applicants state that they are innocent and the allegations are not true and going by the confession statement, it is one Achayan who is the prime offender for whom the applicants who are allegedly employed to cut and remove the sandalwood trees. Therefore, they may be released on bail.