IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 4852 of 2010() ------------------------- AGAINST THE ORDER IN CRMP 3726/2010 IN CRMP.3308/2010 of SESSIONS COURT, PALAKKAD .................... PETITIONER(S): ACCUSED NO.2: -------------------------------------------------- THOMAS, S/O.MATHAI, AGED 53 YEARS, VADAKKEDATH HOUSE, PULLOORAMPARA P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, BY ADV. SRI.S.SUJIN, SMT.NITA.N.S. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA - REPRESENTED BY FOREST RANGE OFFICER, KOLLENGODE FOREST RANGE, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI. M.P.PRAKASH (FORESTS) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4852 of 2010 -------------------------------------- Dated this the 23rd day of February, 2011. ORDER Petitioner is accused No.2 in O.R.No.4 of 2010 of Kollengode Forest Range Office for offences punishable under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act (for short, “the Act”). Learned Sessions Judge, Palakkad granted bail as per order on Crl.M.P.No.3308 of 2010 imposing certain conditions, one being that petitioner was not to enter Kollengode Forest Range. Petitioner filed Crl.M.P.No.3726 of 2010 before learned Sessions Judge to modify the condition to permit him enter the land belonging to Nelliyambathy Plantation of which he claimed to be the supervisor. That application was dismissed by the learned Sessions Judge by Annexure-A2, order dated 29.11.2010 observing that petitioner is involved in various other cases as well. Annexure-A2, order is under challenge. Learned Senior Advocate appearing for petitioner contends that as per various orders passed by this Court, Nelliyambathy Plantation is entitled to get 200 acres of land demarcated, it has not so far been done and that contempt proceedings are pending. Learned Special Government Pleader for Forest Department submitted that petitioner is not entitled to get any such land demarcated and that institution of vigilance enquiry is under active consideration of the Government as to the circumstances under which Nelliyambathy Plantation claimed to be entitled to demarcation of land and allied matters. Crl.MC No.4852/2010 2 2. It is not necessary for me to go into the question whether Nelliambathy Plantation is entitled to get any land as contended by the learned Senior Advocate or the said claim of the Plantation is not correct as claimed by the learned Special Government Pleader. Question for consideration is whether condition imposed on petitioner is liable to be modified or not. Learned Sessions Judge has refused to do so for the reason that petitioner is involved in several cases. 3. Having heard learned Senior Advocate and the learned Special Government Pleader I make it clear that petitioner can move appropriate application before the learned Sessions Judge at the appropriate stage in case appropriate authority identified the land to which Nelliambathy Plantation is said to have entitled and title of the said Plantation over the said property is cleared. In such a situation learned Sessions Judge may consider whether petitioner who claims to be the supervisor of that Plantation could be permitted to enter the property of Nelliambathy Plantation. Annexure-A2, order passed by the learned Sessions Judge shall not has to supervise any such property as identified. In doing so Annexure-A2, order shall not stand in the way of learned Sessions Judge considering such an application. Crl.MC No.4852/2010 3 Resultantly this petition is disposed of making it clear that if ultimately the appropriate authority identified and demarcated the land over which Nelliyambathy Plantation is said to have title, it will be open to the petitioner to move appropriate application before the learned Sessions Judge for modification of the condition and if any such application is preferred learned Sessions Judge shall consider whether the condition could be modified permitting the petitioner to enter the said property in his capacity as supervisor of Nelliambathy Plantation. THOMAS P.JOSEPH, Judge. cks