Allowed

Sulaiman v. State of Kerala

Kerala HC22 Aug 2016Bail Appl./5064/2016

Case brief

AI extract

What is this about?

The court allowed a pre-arrest bail application filed by three accused persons involved in the purported cutting of sandal trees under Section 47(G) of the Kerala Forest Act. The judge granted bail on conditions requiring reporting to the Forest Officer and restricting movement.

What did the court decide?

Bail granted on a bond with two sureties of ₹50,000 each; petitioners must report Saturdays 10-11 AM and remain within Mayannur Forest Range limits.

Sulaiman Vs State of Kerala — Pension and Retirement Benefits | 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 P.UBAID

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MONDAY, THE 22ND DAY OF AUGUST 2016/31ST SRAVANA, 1938

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Bail Appl..No. 5064 of 2016 ()

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OR. NO. 2/2016 OF MAYANNUR FOREST STATION, THRISSUR DISTRICT.

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PETITIONERS/ACCUSED A1, A2, A3:

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1. SULAIMAN, AGED 55 YEARS, S/O KUNJUMOHAMMED, VATTAPPARAMBIL HOUSE, MULURKARA P.O, VAZAKODE VALAVE, MULURKARA VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT.

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2. UMMAR, AGED 53 YEARS, S/O KUNJAPPU, PUTHEN PEADIKAIL HOUSE, MULLURKARA P.O, VAZAKODE VALAVE, MULURKARA VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT.

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3. KHALID, AGED 47 YEARS, S/O KUJAPPU, PUTHEN PEADIKAIL HOUSE, MULLURKARA P.O, VAHAKODE VALAVE, MULLURKARA VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.M.J.POLLY.

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RESPONDENT/COMPLAINANT.:

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FOREST OFFICER, MAYANNUR FOREST STATION, (WADAKKANCHERY, THRISSUR), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P.UBAID, J. --------------------------------------B.A No.5064 of 2016

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---------------------------------------

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Dated this the 22^nd day of August, 2016

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O R D E R

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The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with O.R No.2/2016 of the Mayannur Forest Station, Thrissur, involving the offence under Section 47(G) of the Kerala Forest Act. The occurrence report in this case is seen wrongly registered under Section 47(a) to (h) of the Kerala Forest Act.

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The prosecution case is that these two petitioners purchased two sandal trees from one Leela, and they cut and removed the trees without the permission of the Forest Department. Even cutting a notified tree from a private land, is punishable under Section 47(G) of the Kerala Forest Act. Anyway, in this case the trees in question are not forest produce. It is only a notified tree. However, the petitioners should have obtained permission from the department to cut and remove it. The report submitted by the Deputy Forest Range Officer does not show the efforts so far made by him to

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B.A No.5064 of 2016

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recover the pieces of sandal. The report also does not show the exact quantity of the timber involved. In the particular circumstances, I feel it appropriate grant pre arrest bail to the petitioners. I find that even without interrogation in custody the required materials can be collected by the police. It will suffice that the petitioners are directed to report before the Deputy Forest Range Officer for necessary interrogation.

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In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing bond with two solvent sureties for 50,000/-₹ (Rupees fifty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction. Bail is granted on condition that:

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a) The petitioners shall report before the Deputy Forest Range Officer, Mayannur between 10 am. and 11 am on all Saturdays for a period of two months.

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b) The petitioners shall not leave the limits of Mayannur Forest Range Office for a period of two months.

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c) The petitioners shall not involve in any offence under the Kerala Forest Act, till trial of the case is over.

Sd/-

P.UBAID JUDGE

//True Copy//

Sulaiman v. State of Kerala

Case brief

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Sulaiman v. State of Kerala

Case brief

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