In a bail application under the Kerala Forest Act, Justice V. Ramkumar rejected the petitioners' request for release, expressing satisfaction that their grant of bail would influence prosecution witnesses or lead to absconding, despite the short duration of judicial custody.
Bail denied; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930
Bail Appl..No. 755 of 2009()
---------------------------CRMP.949/2009 of J.M.F.C. - I, CHALAKUDY O.R NO. 1/2009 of VELLIKULANGARA FOREST RANGE
PETITIONER/ACCUSED NO.6 & 7:-
BY ADV. MR. M.H.HANIL KUMAR
RESPONDENTS/COMPLAINANT & STATE:-
ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
===================== B.A. No. 755 of 2009
====================== Dated, this the 20th day of March, 2009.
ORDER
Petitioners who are accused Nos. 6 and 7 in O.R.No. 1 of 2009 of Vellikulangara Forest Range for offences punishable under Sections 27(1)(e), (iii)(iv) of Kerala Forest Act, seek their enlargement on bail. The petitioners were arrested on 27.01.2009.
legal injury sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioners, the present stage of investigation and the other facts and circumstances of the case, I am satisfied that if the petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage.
This petition is accordingly dismissed.
Dated this the 20th day of March, 2009.
V. RAMKUMAR, JUDGE.
rv
1 issue framed by the court
Whether bail should be granted to accused Nos. 6 and 7 in an offence under the Kerala Forest Act given the risk of influencing witnesses and absconding.
1 provisions across 1 enactments
M.P.JOY
A.C.BIJU
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
