BENNY E J Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, who are accused Nos.1, 4 and 5 in O.R. No.1/2007 of Forest Range, Azhutha for an offence punishable under section 27(1)(e)(iii) and (iv) of the Kerala Forest Act, seek their enlargement on bail. The first accused was arrested on 3.2.2007 and accused Nos.4 and 5 were arrested on 7.2.2007.

(2.) Learned Public Prosecutor submitted that since the 2nd accused, who is similarly situated as the first accused, has already been granted bail by this court as per order passed in B.A.No.1044/2007, the first accused also could be treated similarly. He, however, opposed the application on behalf of accused Nos.4 and 5 submitting, inter alia, that they are involved in other IPC offences.

(3.) Accordingly, the first accused is directed to be released on bail 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: