IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Crl.MC.No. 2585 of 2011(A) -------------------------------------- [O.R.18/2004 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT, ALATHUR] .................... PETITIONER: ------------------- MUKKADAN SEBASTIAN, AGED 56 YEARS, S/O.GEEVARGHESE DEVASSIYA, MUKKADAN THARAVADU, KAVALA, CHANGANACHERRY, KOTTAYAM. BY ADVS. SRI.P.SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR, SRI.GLEN ANTONY, SMT.M.VANAJA. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY FOREST RANGE OFFICER, ALATHUR RANGE, NENMARA, PALAKKAD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SPL. GOVT. PLEADER SRI. M.P. PRAKASH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.2585/2011-A: APPENDIX PETITIONER'S EXHIBITS: ANNEXURE.A.1: PHOTOGRAPHS SHOWING THE ROAD LEADING TO THE SAID THREE ESTATES. ANNEXURE.A.2: COPY OF THE JUDGMENT IN O.P.NO.710/1977 DTD. 27/02/1979. ANNEXURE.A.3: COPY OF THE DOCUMENT DTD. 02/12/1992. ANNEXURE.A.4: COPY OF THE COMPLAINT 28/11/1997. ANNEXURE.A.5: COPY OF THE CHARGE SHEET FILED BEFORE THE JFCM-I, ALATHUR. ANNEXURE.A.5(A): TRANSLATION OF ANNEXURE A.5. ANNEXURE.A.6: COPY OF FORM 1 REPORT. ANNEXURE A.6(A): TRANSLATION OF ANNEXURE A.6. ANNEXURE.A.7: COPY OF THE ORDER OF THE FOREST RANGE OFFICER COMPOUNDING THE OFFENCE. RESPONDENT'S ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. B.P.RAY, JUDGE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2585 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the Managing Director of the company that owns a plantation purchased from another company. The allegation against the petitioner is that he unauthorizedly trespassed into a reserved forest and removed soil and deposited concrete metal on either sides of the road and thus committed offence punishable under Section 27 (1) e (iv) of Kerala Forest (Amendment) Act 1993. Prayer in this Crl.M.C. is to quash all further proceedings in OR No.18/2004 pending before the Judicial First Class Magistrate Court, Alathur. 3. I am not inclined to quash the charge at this stage. It is open to the petitioner to surrender before the trial court and apply for bail. If the petitioner surrenders on or before 29-09-2011 and applies for bail in the aforementioned case, Magistrate concerned shall release him on bail on such terms and conditions he deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes