Allowed

P.N.Ponnappan v. State of Kerala

Kerala HC27 May 2016Bail Appl./3177/2016

Case brief

AI extract

What is this about?

This is an order granting anticipatory bail to the second accused in a case for illegal forest trespass under the Kerala Forest Act. The High Court allowed the application after hearing the prosecution, who had no serious objection as the petitioner is a first-time offender.

What did the court decide?

Petitioner released on bail upon execution of a bond for Rs. 30,000/- with two solvent sureties, reporting to the Investigating Officer on Mondays, and refraining from committing other offences.

P.N.Ponnappan Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938

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Bail Appl..No. 3177 of 2016 ()

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CRL.MC 695/2016 of ADDL. D.C. & SESSIONS COURT - VII, ERNAKULAM CRIME NO. 11/2015 OF VALARA FOREST STATION OFFICE , ERNAKULAM

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PETITIONER/ACCUSED NO.2:

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P.N.PONNAPPAN

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AGED 51 YEARS, S/O.NARAYANAN, PULLIYIL HOUE, MAMALAKANDAM PO, KUTTAMPUZHA.

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BY ADV. SRI.S.RENJITH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR, SHRI.N.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

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- - - - -- - - -- - - - - - - - - - -- - - - - - - - - Bail Application No.3177 of 2016

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 27^th day of May 2016

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O R D E R

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The petitioner is the second accused in OR NO.11.2015 of Valara Forest Station registered under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act.

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The prosecution allegation is that on 4.9.2015, the petitioner trespassed into the reserved forest and cut and removed one wooden piece from a fallen teak tree and another piece of teak from a burnt fallen tree causing a loss to the tune of Rs.8,500/- to the Government. The petitioner has filed this application praying for the relief under

Section 438 Cr.P.C.

BA 3177/2016

: 2 :

Heard.

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The learned Public Prosecutor has no serious

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objection in allowing this application. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. There is no allegation that the petitioner had caused any tree to fall.

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Considering the facts and circumstances of the

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case, including the fact that the petitioner is a first time offender, I am inclined to grant the relief under Section 438

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Cr.P.C. in favour of the petitioner.

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In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with O.R. No.11/2015 of Valara Forest Station on condition of the petitioner

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BA 3177/2016

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: 3 :

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executing a bond for Rs.30,000/- (Rupees thirty thousand

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only) with two solvent sureties, each for the like sum to the

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satisfaction of the Deputy Forest Range Officer, Valara, before whom the petitioner shall surrender within ten days

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from today (if not arrested in the mean time) and subject to the following conditions:

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(i) The petitioner shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer in writing to do so.

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(ii) The petitioner shall not get involved in any offence while on bail.

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SD/-

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B.SUDHEENDRA KUMAR, JUDGE

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dl/.27.5.2016

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// True Copy //

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PA to Judge

P.N.Ponnappan v. State of Kerala

Case brief

What is this about?

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P.N.Ponnappan v. State of Kerala

Case brief

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