IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 2159 of 2008() ------------------------- OR.12/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: ACCUSED:- --------------------- 1. M.J.JACOB, MANAGER, ATHIRAPPILLY ESTATE, PLANTATION CORPORATION OF KERALA LIMITED, KOTTAYAM. 2. RAMANAN K.V.A, FIELD EXECUTIVE, ATHIRAPPILLY ESTATE, PLANTATION CORPORATION OF KERALA LIMITED, KOTTAYAM. BY ADV. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN RESPONDENTS: IST RESPONDENT/COMPLAINT & 2ND RESPONDENT/STATE:- -------------------------------------------------------------- 1. THE FOREST RANGE OFFICER, PARIYARAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SPECIAL GOVERNMENT PLEADER (FORESTS) SRI.M.P.PRAKASH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2159 of 2008 ---------------------------------------- Dated this the 1st day of September 2008 O R D E R The petitioners are arrayed as accused 8 and 9 in an occurrence report filed by the respondents alleging the offence punishable under Section 27 of the Kerala Forest Act. The petitioners have come to this court under Section 482 Cr.P.C with a prayer that the proceedings against them may be quashed invoking the jurisdiction under Section 482 Cr.P.C. They submit that they are absolutely innocent and no worthwhile allegation has been raised to attract the offence punishable under Section 27 of the Kerala Forest Act against them. The crux of the allegations is that river sand was collected from the Chalakkudy river and transported through reserve forest which is leased to the Plantation Corporation of Kerala of which the petitioners are officials. 2. The learned Special Government Pleader (Forest), after taking instructions submits that though the allegation under Section 27 of the Kerala Forest Act has been raised and the petitioners have been shown as accused persons, the forest department does not want to raise any specific allegations against the petitioners. Their complicity is being investigated into and it is held that they may have to answer allegations under Section 29 of the Kerala Forest Crl.M.C.No.2159/08 2 Act which is only an offence punishable with fine of Rs.200/-. The petitioners shall not be arrested, it is submitted. Further investigation to bring out all necessary facts may not be prevented by issue of any directions under Section 482 Cr.P.C, submits the learned Special Government Pleader. The learned Special Government Pleader submits that in view of the interim orders passed by this court, the forest officials have not been able to question the petitioners. Appropriate directions may be issued to ensure that they shall co-operate with the investigators to complete the investigation into the crime registered, it is submitted. 3. Having considered all the relevant circumstances, I am satisfied that this Crl.M.C can now be closed with appropriate directions. 4. In the result, this Crl.M.C.is dismissed but the following directions are issued: i) The petitioner shall not be arrested by the respondents in connection with the crime (O.R.No.12/08) without specific prior permission of this court. ii) The petitioners shall make themselves available for investigation/interrogation by the forest officials as and when directed to do so by notice issued in writing. (R.BASANT, JUDGE) jsr Crl.M.C.No.2159/08 3 Crl.M.C.No.2159/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008