IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.MC.No. 1654 of 2011(D) -------------------------------------- [CC.NO.592/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD] .................... PETITIONER/ACCUSED: ---------------------------------- K. NARAYANA BHAT, S/O. KESHAVA BHAT, AGED 54 YEARS, KAJE HOUSE, DELMPADY VILLAGE, PANJIKALLU.P.O, KASARAGOD DISTRICT. BY ADV. SRI.JACOB E .SIMON. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. THE FORESTOR, PARAPPA SECTION FOREST, PARAPPA.P.O, DELAMPADY VILLAGE, KASARAGOD TALUK AND DISTRICT – 671 533. 2. THE RANGE FOREST OFFICER, NEAR RAILWAY STATION, KASARAGOD, KASARAGOD TALUK AND DISTRICT- 671 21. 3. THE DISTRICT COLLECTOR, KASARAGOD DISTRICT – 671 21. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. R1 TO R4 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.1654/2011-D: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE-A: COPY OF THE ORDER DTD. 25/06/2002 IN O.S. 78/2011 PASSED BY THE HON'BLE MUNSIFF COURT, KASARAGOD. ANNEXURE-B: COPY OF THE CHARGE SHEET SUBMITTED BY THE R.1. IN O.R. 38/2005 OF KASARAGOD RANGE DTD. 19/10/2009. RESPONDENTS' ANNEXURE: ANNEXURE-R1.A: COPY OF THE ORDER IN I.A. NO. 1560/2006 IN R.S.A. NO.590/2006. //TRUE COPY// P.A. TO JUDGE. Prv. B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.1654 of 2011 - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in O.R No. 38 of 2005 of Kasaragod Range for an offence punishable under Section 27(1) (e)(iv)(iii)(vi) of the Kerala Forest Act r/w Section 3(1)(5) of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 and now pending as C.C.No. 592 of 2009 before the Chief Judicial Magistrate, Kasaragod. I am not inclined to quash the charge. The main contention of the petitioner is that a there is a decree in favour of the petitioner. The decree in favour of the petitioner regarding the title of land is the subjudice before this Court. The petitioner can file an application seeking discharge before the concerned court highlighting the grievances. If such an application is filed, the learned Magistrate shall pass reasoned orders thereon. 3. If the petitioner is not on bail, he may surrender before the trial court. If the petitioner surrenders before the trial court Crl.M.C. No. 1654/2011 -:2:- on or before 05.09.2011 and applies for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv