Velayudhan vs State Of Kerala
2021 Latest Caselaw 19478 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE SHIRCY V.
    THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        BAIL APPL. NO. 6970 OF 2021
      CRIME NO.4/2021 OF Alathur Forest Range Office, Palakkad
 AGAINST THE ORDER/JUDGMENT IN CRMP 1579/2021 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS, ALATHUR, PALAKKAD
PETITIONER/S:

            VELAYUDHAN,
            AGED 53 YEARS
            S/O.KUNJADI, KACHERIKUNNU, KUMARAMPUTHUR PANCHAYAT,
            MANNARKKAD, PALAKKAD.

            BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT/S:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031.


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.6970/2021
                                    2



                                  ORDER

Dated this the 16th day of September, 2021

The petitioner, who is the 1st accused in O.R. No. 4 of 2021

of Forest Range Office, Alathur registered for the offences

punishable under Sections 27(1)(e)(iii) and (iv), 47B(1),

47C(1)I, 47G of the Kerala Forest Act, 1961, has moved this

application for his release on bail under Section 439 of the Code

of Criminal Procedure.

2. The petitioner has been in custody since 28.08.2021.

3. The prosecution allegation is that this petitioner along

with the other accused had trespassed into Alathur forest area,

Nenmara forest division, illegally and cut and removed 37

sandalwood trees and committed theft of the same and illegally

transported sandalwood logs from the forest and thereby

committed the aforesaid offences.

B.A.6970/2021

4. The learned counsel for the petitioner has raised a plea

of false implication.

5. The learned Public Prosecutor has submitted that all the

accused involved in this crime have not been arrested and the

investigation of the case is only going on.

6. Heard the learned counsel for the petitioner as well the

learned Public Prosecutor.

7. The offences alleged against this petitioner are no doubt

grave and serious in nature. The investigation of the case is only

in progress and all the accused persons have not been arrested

and it is not clear from the records that recovery of the entire

articles cut and removed by this petitioner along with the other

accused have been recovered. So at this stage, i.e., before

completion of the investigation, if he is released on bail, there is

every possibility to repeat similar offences and to cause

obstacles to the smooth progress of the investigation. The B.A.6970/2021

possibility to abscond also cannot be ruled out. Therefore, I am

not inclined to release him on bail at this stage.

Dismissed.

Sd/-

SHIRCY V.

JUDGE

sb