IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Crl.MC.No. 1733 of 2011() ----------------------------------- CC.343/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ------------------------ K.C.CHACKO, S/O.CHACKO, AGED 60 YEARS, KARIAMPALLY HOUSE, KALLADI PATTA AMSOM, PERROKARA DESOM, POST VADANAMKURUSSI, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): -------------------------- STATE OF KERALA REPRESENTED BY THE FOREST RANGE OFFICER, OTTAPALAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.N.P.PRAKASH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.1733/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE DOCUMENT 1707/89 SRO PATTAMBI DTD. 30.10.89. A2:- COPY OF THE JUDGMENT IN MFA 105/1978 DT.D 28.5.1984 OF THIS HONOURABLE COURT. A3:- COPY OF THE OR 5/2009 DTD. 21.4.2009 OF FOREST RANGE OFFICE OTTAPALAM. A4:- COPY OF THE ORDER NO.EFL6-974/2009 DTD. 25.3.2010 OF CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS & CHIEF CONSERVATOR OF FORESTS (WILDLIFE) THIRUVANANTHAPURAM. A5:- COPY OF THE LETTER DTD. 10.5.2010 OF CONSERVATOR AND CUSTODIAN OF VESTED FORESTS, PALAKKAD TO DFO PALAKKAD. A6:- COPY OF THE LETTER DTD. 31.5.2010 OF DFO PALAKKAD TO THE ASST. DIRECTOR OF SURVEY, FOREST MINI SURVEY KOZHIKODE. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JDUGE tss B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1733 OF 2011 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner is the 1st accused in O.R No.5/2009 of Forest Range office, Ottapalam for offences punishable under Sections 27 (i) (e), (iii) and (iv) of Kerala Forest Act, 1961 and now pending as C.C No.343/2010 before the Judicial First Class Magistrate's Court, Pattambi. I am not inclined to quash the prosecution proceedings at this stage. Learned counsel appearing for the petitioner submits that petitioner is not in a position to appear before the trial Court on each day for trial. Considering the above facts, it is open to the petitioner to approach the trial court for dispensing with his personal appearance. If the petitioner makes an application before the learned Magistrate under Section 205 Cr.PC on or before 05-09-2011 the same shall be allowed on such terms and conditions the learned Magistrate deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge