Allowed

Abdul Kareem v. State of Kerala

Kerala HC9 Nov 2020Bail Appl./7202/2020

Case brief

AI extract

What is this about?

One Judgment in a series of three identical bail applications allowed regular bail to an accused accused under the Kerala Forest Act, directing release on aRs.50,000 bond and sureties with conditions including weekly appearance, passport surrender, and prohibition of similar offenses.

What did the court decide?

Bail allowed; release on bond of Rs.50,000 with two solvent sureties and stringent conditions including weekly appearance and surrender of passport.

Abdul Kareem Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942 Bail Appl.No.7202 OF 2020

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O.R. NO.23/2020 OF Pathanapuram Forest Range Office , Kollam

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PETITIONER/S:

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ABDUL KAREEM AGED 34 YEARS, KUNNIL HOUSE, PANALAM BHAGAM, CHENGALA VILLAGE, KASARAGODE TALUK, KASARAGODE, PIN – 671541.

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BY ADV. SRI.BALU TOM

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2020, ALONG WITH Bail Appl.7203/2020, Bail Appl.7204/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.7202, 7203 & 7204 OF 2020

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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 ASHOK MENON

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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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Bail Appl.No.7203 OF 2020

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O.R. NO.20/2020 OF Pathanapuram Forest Range Office , Kollam

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PETITIONER/S:

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ABDUL KAREEM AGED 48 YEARS, KUNNIL HOUSE, PANALAM BHAGAM, CHENGALA VILLAGE, KASARAGODE TALUK, KASARAGODE – 671541.

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BY ADV. SRI.BALU TOM

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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SRI.C.N.PRABHAKARAN, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2020, ALONG WITH Bail Appl.7202/2020, Bail Appl.7204/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.7202, 7203 & 7204 OF 2020

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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 ASHOK MENON

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MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

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Bail Appl.No.7204 OF 2020

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O.R.NO.19/2020 OF Pathanapuram Forest Range Office , Kollam

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PETITIONER/S:

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ABDUL KAREEM AGED 48 YEARS, KUNNIL HOUSE, PANALAM BHAGAM, CHENGALA VILLAGE, KASARAGODE TALUK. KASARAGODE – 671541.

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BY ADV. SRI.BALU TOM

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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SRI.C.N.PRABHAKARAN, SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2020, ALONG WITH Bail Appl.7202/2020, Bail Appl.7203/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.7202, 7203 & 7204 OF 2020

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COMMON ORDER

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[ Bail Appl.7202/2020, Bail Appl.7203/2020, Bail Appl.7204/2020 ]

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Dated this the 9th day of November 2020

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Applications for regular bail under Section 439 of Cr.P.C.

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The applicant is the 5th accused in O.R.Nos.19,

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20 and 23 of 2020 of Pathanapuram Forest Range for

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having allegedly committed the offence punishable under

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Section 47(A)(B)(C)(D)(G)(H) of the Kerala Forest

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Act.

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The prosecution case, in brief, is that the

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applicant had with the assistance of co-accused 1 to 4 cut and removed sandalwood trees from various places and the sandalwoods were allegedly purchased by the applicant for sale. The applicant belongs to Kasaragod

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and is involved in several other cases.

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The applicant states that he has been in custody since 08.10.2020. The allegedly stolen sandalwoods

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B.A.Nos.7202, 7203 & 7204 OF 2020

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were all recovered, and therefore, further

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incarceration of the applicant need not serve any purpose. He is willing to abide by any condition that they may be imposed by this Court and prays that he may be released.

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Heard the learned Counsel for the applicant and the learned Public Prosecutor.

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Accused 1 to 4, who had allegedly cut and

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removed the trees for the applicant were already released on bail. The applicant is alleged to be a member of the sandalwood mafia, involved in the trade

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of sandalwood on a large scale. The learned Public Prosecutor apprehends that in case of his release, he

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may get involved in offences of similar nature. In view of the fact that the applicant has been in custody since 08.10.2020 and the sandalwood has already been recovered, no purpose will be served by further incarceration of the applicant. In order to prevent

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him from getting involved in similar offences, stringent conditions can be imposed.

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B.A.Nos.7202, 7203 & 7204 OF 2020

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In the result, the Bail Applications are allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/- (Rupees fifty thousand only) in each of the cases, with two solvent sureties each, for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

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i) He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon in all the cases for a period of three months or till the final report is filed, whichever is earlier;

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ii) He shall surrender his passport in the jurisdictional court, and in case he does not have a passport, shall file an affidavit to that effect;

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iii) He shall not attempt to influence or intimidate the witnesses; and

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iv) He shall not get involved in similar offences during the currency of the bail.

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B.A.Nos.7202, 7203 & 7204 OF 2020

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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.

dkr

Sd/-

ASHOK MENON

JUDGE

Abdul Kareem v. State of Kerala

Case brief

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Abdul Kareem v. State of Kerala

Case brief

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