MOHAMMED KUNHI Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) This is an application for bail under S.439 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 2 in OR No. 22 of 2009 of the Forest Range, Kasaragod.

(2.) The offence alleged against the petitioners is under S.27(1)(e)(iii) and (iv) of the Kerala Forest Act.

(3.) The prosecution case is that on 07/08/2009, the forest officials got reliable information that some persons have entered into the forest area for cutting trees. The forest officials waited for about an hour in the forest area. After about one hour, the first accused came with a bag in his hand. On inspection, 4 kgms. of sandal wood pieces were found inside the bag. A motorbike was also found nearby. The allegation is that accused Nos. 1 and 2 had cut 8 sandal wood trees from the reserve forest.