In three bail applications, the Kerala High Court refused pre-arrest bail to a petitioner accused of purchasing sandal wood pith. The Court directed the petitioner to surrender for interrogation and prescribed procedures for future bail applications if arrested.
Bail refused; direction to surrender by 10.07.2014 at 10 am for interrogation.
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 THOMAS P.JOSEPH
WEDNESDAY, THE 2ND DAY OF JULY 2014/11TH ASHADHA, 1936
Bail Appl..No. 4321 of 2014
(CRIME NO.4/2011 OF MUPLIYAM FOREST STATION)
PETITIONER/5TH ACCUSED:
SUBAIR, AGED 35, S/O. KOLLARUTHODI VEETIL MOHAMMED, CHERUKODE, VALLAPPUZHA VILLAGE, PALAKKAD DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
STATE OF KERALA/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY THE FOREST RANGE OFFICER, VELLIKULANGARA, THRISSUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-07-2014 ALONG WITH BA.NO. 4322/2014 AND BA.NO. 4323/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
THOMAS P. JOSEPH, J.
Bail Appl.Nos.4321, 4322 & 4323 of 2014 () ---------------------------------------Dated this the 2nd day of July, 2014
ORDER
Petitioner, same in all the applications apprehends arrest in O.R.Nos.4/2011, 2/2011 and 3/2011 respectively, of the Mupliyam Forest Station for offences punishable under the Kerala Forest Act for alleged cutting and removal of sandal wood trees from the reserve forest and has filed the applications.
2.Learned Public Prosecutor has opposed the applications. It is submitted that the petitioner has purchased pith of sandal wood from some of the accused in the aforesaid cases.
3.Learned counsel submits that the allegations are not true and at any rate, he is a bonafide purchaser
BA.Nos.4321, 4322 & 4323 of 2014 () 2
under the impression that the persons who sold pith of the sandal wood to him had purchased it in auction at the depot of the forest department.
The applications are disposed of as under :
of the Mupliyam Forest Station on
10.07.2014 at 10 am for interrogation.
BA.Nos.4321, 4322 & 4323 of 2014 ()
3
investigating the case any other day/days and time as directed by the investigating officer.
to the Assistant Public Prosecutor concerned at least two working days in advance.
consider the application(s) having
BA.Nos.4321, 4322 & 4323 of 2014 () 4
regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate
orders as early as possible.
Sd/THOMAS P. JOSEPH JUDGE
AMV
/TRUE COPY/
P.A.TO JUDGE
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner accused of allegedly purchasing sandal wood pith.
Whether directions for immediate interrogation should be issued in lieu of bail.
1 provisions across 1 enactments
Subair
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
