IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 937 of 2008() ------------------------ AGAINST O.R.NO.3 OF 2007 OF PONGANANAGAD FOREST STATION, THRISSUR PENDING BEFORE THE J.F.C.M- III, THRISSUR PETITIONER: ACCUSED: -------------------- DR.N.R.KANNAN, AGED 52 YEARS, S/O.RAMANUJA THATHACHARYA, FORMER PRINCIPLE RASTREEYA SAMSKRITHA SAMSTHAN, DEEMED UNIVERSITIES GURUVAYOOR CAMPUS, PURANATTUKARA, THRISSUR. PRESENTLY WORKING AS PRINCIPLE LUCKNOW CAMPUS. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- 1. DEPUTY RANGER FOREST DEPARTMENT, PONGANANAGAD FOREST STATION, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.937 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of March, 2008 ORDER The petitioner, while working as the Principal of the Guruvayoor Campus College of Rashtreeya Samskritha Samsthan Deemed University, Puranattukara, was arrayed as the accused in O.R.No.3 of 2007 of Ponganangadu Forest Station for an offence punishable under Sections 4 and 7 of the Kerala Promotion of Tree Growth in Non Forest Areas Act, 2005. 2. The allegation against the petitioner is that on a search conducted in the compound of the College on 5.9.07, the Forest officers seized four pieces of sandal wood from the rear side of the library compound and two pieces of sandal wood from the servant's quarters attached to the quarters of the Principal. The sandal wood in question is alleged to be portions of the sandal wood tree uprooted from the college campus. 3. According to the petitioner he has been falsely implicated at the instance of one Krishna Kumar who had an axe to grind against the petitioner for not obliging him in the past The petitioner would further allege that the tree register of the Crl.M.C.No.937 of 2008 2 college will show that there was no sandal wood tree in the college campus and that the CPWD while cutting a trench in the college campus for laying pipe line had uprooted certain trees which were not sandal wood trees. 4. The case is still at the crime stage and it is too early to quash Annexure A4, Occurrence Report. In fact the learned Sessions Judge while granting anticipatory bail to the petitioner had after a perusal of the case diary observed that it is doubtful whether the Principal ( the petitioner herein) had any role to play in the alleged occurrence. The investigation has not resulted in a final report, which can either be a refer report or a charge sheet. In case the petitioner is charge sheeted by the Forest Officers, then only it could be said that there is formal accusation against him. Now it is only in the realm of allegations and unless and until those allegations are proved by legal evidence, the petitioner cannot be found guilty. As matters now stand there is not even a charge sheet against the petitioner. In case the petitioner is charge sheeted by the Forest Department and in case the allegations in the charge sheet do not make out any offence alleged but on the contrary, those allegations are Crl.M.C.No.937 of 2008 3 made only due to other extraneous reasons, the petitioner can very well approach the appropriate forum for redressal of his grievances. Reserving the above right of the petitioner, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE sj