SULAIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These Bail Applications are filed by Sulaiman, who is accused No.5 in O.R. No.2 of 2009 of Pariyaram Forest Range and accused No.3 in O.R. No.9 of 2009 of Vellikulangara Forest Range, for anticipatory bail under Section 438 of the Code of Criminal Procedure. The offence alleged against the accused is under Section 2 (f) (i) and Section 27 (1) (e) (iii) and (iv) of the Kerala Forest Act.

(2.) The gist of the prosecution case in O.R. No.2 of 2009 is the following: On 17-1-2009, when the Forest officials were inspecting Kumbidanmudi ANR Beat forest, they saw the stumps and branches of three sandalwood trees. A mahazar was prepared. O.R. No.2 of 2009 of Pariyaram Forest Range was registered in respect of the same. On 24-7-2009, Prathapan and Karunakaran (accused Nos.1 and 2) were found in the forest area with weapons for cutting trees. They tried to escape on seeing the forest officials. They were taken into custody. Prathapan and Karunakaran were involved in O.R. No.1 of 2009 and they were on bail in that case. They disclosed about the cutting of sandalwood trees. The stumps of the trees were also shown to the forest officials. They stated that they had sold 4 kilograms of sandalwood to Sulaiman (Petitioner) with the assistance of Thilakan (accused No.4). It is alleged that Thilakan is a broker and that Sulaiman is involved in dealing with sandalwood. Sulaiman has filed Bail Application No.4951 of 2009 for anticipatory bail.

(3.) In O.R. No.9 of 2009, the prosecution case, in a nut shell, is as follows: The officials of Vellikulangara Forest Range, on regular perambulation in Mankuttippadam reserve forest on 23-7-2009, got reliable information that Shaju and Sunilkumar (accused Nos.1 and 2) had cut and removed sandalwood trees from the reserve forest and had kept concealed the sandalwood in the house of Shaju. The forest officials searched the house and compound of Shaju. The sandalwood were found concealed in a pit in the residential compound. Shaju and Sunilkumar were taken into custody. They had shown to the forest officials the stumps of five sandalwood trees, which were cut down by them. It was disclosed that they had sold a portion of the sandalwood to Sulaiman (Petitioner). Bail Application No.4952 of 2009 is filed by Sulaiman for anticipatory bail.