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2009 Supreme(Ker) 1025

K.T.SANKARAN
Sulaiman – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioner:P.V. Madhavan Nambiar, S.M. Prem, K.P. Santhi, P.K. Nijoy, Nisha G. Tharamal, Advocates. For the Respondent: Tekchand, Public Prosecutor.

Judgment :

These Bail Applications are filed by Sulaiman, who is accused No.5 in O.R. No.2 of 2009 of Pariyaram Forest Range and accused No.3 in O.R. No.9 of 2009 of Vellikulangara Forest Range, for anticipatory bail under Section 438 of the Code of Criminal Procedure. The offence alleged against the accused is under Section 2 (f) (i) and Section 27 (1) (e) (iii) and (iv) of the Kerala Forest Act.

2. The gist of the prosecution case in O.R. No.2 of 2009 is the following: On 17-1-2009, when the Forest officials were inspecting Kumbidanmudi ANR Beat forest, they saw the stumps and branches of three sandalwood trees. A mahazar was prepared. O.R. No.2 of 2009 of Pariyaram Forest Range was registered in respect of the same. On 24-7-2009, Prathapan and Karunakaran (accused Nos.1 and 2) were found in the forest area with weapons for cutting trees. They tried to escape on seeing the forest officials. They were taken into custody. Prathapan and Karunakaran were involved in O.R. No.1 of 2009 and they were on bail in that case. They disclosed about the cutting of sandalwood trees. The stumps of the trees were also shown to the forest officials. They stated that they had sold 4 kilograms of san










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