Velayudhan vs State Of Kerala
2021 Latest Caselaw 22451 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE SHIRCY V.
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                      BAIL APPL. NO. 7350 OF 2021
     AGAINST THE ORDER/JUDGMENT IN CRMP 1650/2021 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS ,ALATHUR, PALAKKAD
    O.R.NO.10/2021 OF FOREST RANGE OFFICE, ALATHUR IN PALAKKAD
                                 DISTRICT.


PETITIONER/ACCUSED NO.2:

            VELAYUDHAN
            AGED 46 YEARS
            S/O.MANGODAN, AZHIVAKODU VEED, CHIRAKKODE, ATHIPOTTA,
            ALATHUR, PALAKKAD.

            BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT/COMPLAINANT:

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


OTHER PRESENT:

            SREEJA.V- SR.PP




     THIS   BAIL   APPLICATION    HAVING     COME   UP   FOR   ADMISSION   ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. Nos.7350 of 2021

                                   2




                                ORDER

The petitioner is the 2nd accused in O.R. No.10/2021 of Forest

Range Office, Alathur in Palakkad district registered for the offences

punishable under Sections 27(1) (e)(iii) and (iv), u/s.47A, B,C,F,H

& 47G Kerala Forest At, 1961.

2. The petitioner has been in custody since 8.9.2021.

3. The prosecution allegation is that the petitioner along

with other accused trespassed in to the forest land and illegally cut

and removed a sandal wood tree and transported the same and

thereby committed the aforesaid offences.

4. The petitioner is having criminal antecedents and is

involved in three other cases, of similar nature. But the learned

counsel for the petitioner has submitted that though he is under

custody since the date of his arrest on 8.9.20201, the investigation

of the case is not over and charge sheet has not been filed so far.

Therefore, he is entitled for default bail. Hence, he is intending to

move before the trial court. Therefore, this bail application is BAIL APPL. Nos.7350 of 2021

disposed of with a direction to the petitioner approach the trial

court, if he is entitled for default bail.

With this observation this petition is disposed of. If the

petitioner moves an application for default bail before the trial

court, the learned magistrate shall consider and dispose of the

same on the very same day.

Sd/-

SHIRCY V.

JUDGE AL/-