1. Application for regular bail under section 439 Cr.P.C.
2. The applicant is the first accused in OR No.6/2020 of Kasaragod Forest Range for having allegedly committed offences punishable under Sections
27(1)(e)(iii) & (iv), 27(1)(d), 52, 47 C, 47 D, 47 F, 47 G, 47 H and 69 of the Kerala Forest Act,1961.
3. The prosecution case, in brief, is that on 6.10.2020 when the District Collector, Kasaragod and his gunman reached at the place near Whirlpool
company godown at Thazhe Nayanmarmoola, they saw three persons loading a lorry bearing Regn.No.KA 64 3060 with plastics sacks. On inspection,
it was found to be containing sandalwood. The persons who were loading it fled away. The Collector arranged for seizure of the said lorry along with
the sandalwood. That apart, vehicles bearing Regn.Nos. KL-60P-1777 (S Cross Car), KL-14J-6698 (Hundai Car) and KL-14K-6690 (Maruti Car)
were also seized from the scene. A total of 855.620 Kgs of sandalwood in 34 plastic sacks and cash Rs.10,230/- was seized from the lorry. In
consequence to that, the present crime was registered. The applicant was arrested on 9.10.2020 and was confined to judicial custody. It is stated that
he suffered from Covid-19 and was also under treatment.
He has now been recovered from the Covid. The applicant has been in custody for 50 days. It is stated that he has no criminal antecedents, and
therefore, he may be granted bail.
4. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
5. The learned Prosecutor submits that the applicant is a notorious criminal, through no crime have been so far registered against him. He has no
record of criminal antecedents. It is stated that he is conducting a sandalwood factory in Madhya Pradesh, and for that purpose he has been collecting
sandalwood from the illegal sources from the forests of Kerala. He has got men all over Kerala for doing his job, and some more persons are to be
apprehended, and therefore, the applicant may not be granted bail.
6. The applicant is under incarceration for the last 50 days. It is seen that the prosecution has not so far taken any steps for custodial interrogation of
the applicant. He has neither been interrogated in the jail. Therefore, being a person aged 60 year, I find no reason to incarcerate him any further,
particularly in view of the fact that he does not have any criminal antecedents.
7. In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees
One lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of three months or till the filing of the
final report, whichever is earlier.
(ii) He shall surrender his passport before the jurisdictional court, and shall not go abroad without permission of the jurisdictional Court.
(iii) He shall also not leave State of Kerala, except with the permission of the jurisdictional court.
(iv) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(v) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
