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. 1729 of 2011() ------------------------------------ CC.NO. 336/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI OR NO.9/2009 OF FOREST RANGE OFFICE, OTTAPALAM .................... PETITIONER(S): 1ST ACCUSED ---------------------------------------------- K.C.CHAKO 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): COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE FOREST RANGE OFFICER, OTTAPALAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. BY SR PUBLIC PROSECUTOR SRI.M.P.PRAKASH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1729/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE DOCUMENT NO.1707/89 OF SRO PATTAMBI DATED 30/10/89 ANNEX A2 COPY OF THE JUDGMENT IN MFA 105/1978 DATED 28/5/1984 OF THIS HON'BLE COURT. ANNEX A3 COPY OF THE OR 9/2009 DATED 24/6/2009 OF FOREST RANGE OFFICE OTTAPALAM. ANNEX A4 COPY OF THE ORDER NO.EFL6-974/2009 DATED 25/3/2010 OF CUSTODIAN OF ECOLOGICALLY FRAGILE LANDS & CHIEF CONSERVATOR OF FORESTS (WILDLIFE) THIRUVANANTHAPURAM. ANNEX A5 COPY OF THE LETTER DATED 10/5/2010 OF CONSERVATOR AND CUSTODIAN OF VESTED FORESTS, PALAKKAD TO DFO, PALAKKAD. ANNEX A6 COPY OF THE LETTER DATED 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.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1729 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.9/2009 of Forest Range office, Ottapalam for offences punishable under Sections 27 (i) (e), (ii), (iv) and 52 of Kerala Forest Act, 1961 and now pending as C.C No.336/2010 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