BALACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) V.RAMKUMAR, J. In this Petition filed under Sec. 439 Cr.P.C. the petitioner, who is the 2nd accused in O.R. No.1/2007 of Azhutha Forest Range for offences punishable under Secs.27(1)(e)(iii) and (iv) of the Kerala Forest Act for allegedly cutting and removing one teak tree on 22.1.2007 from 1992-93 Eucalyptus plantation in Thottappura in Peermade village, seeks his enlargement on bail.

(2.) Eventhough the learned Public Prosecutor opposed the application, having regard to the fact that the cut pieces of the teak timber have been recovered from accused Nos.4 and 5, who were subsequently arrested and having regard to the duration of the judicial custody of the petitioner, who was arrested on 3.2.2007, I am inclined to grant bail to the petitioner, who has no previous antecedence, with effect from a future date. Accordingly, the petitioner is directed to be released on bail with effect from 28.2.2007 on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.-I, Peermade and subject to the following conditions:

(3.) If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above.