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. 4722 of 2010() ----------------------- O.R NO. 8/2010 of KULATHUPUZHA FOREST RANGE PETITIONERS: 1. R.RAJEESH, AGED 38 YEARS, S/O.RAGHUNATHAN, AMBALATHARA VEEDU, MANDAPAM, THEKKADA VILLAGE, TRIVANDRUM DISTRICT. 2. PRAKASH, S/O.ACHUTHAN, AGED 42 YEARS, THENNOR VILLAGE, PONMUDI, TRIVANDRUM DISTRICT. 3. THANKAPPAN, S/O.PONNAYYA, AGED 55 YEARS, THENNOR VILLAGE, PONMUDI, TRIVANDRUM DISTRICT. 4. SISUPALAN, S/O.NADARAJAN, AGED 28 YEARS, THENNOOR VILLAGE, PONMUDI, TRIVANDRUM DISTRICT. BY ADV. SRI.SANU.S.PANICKER RESPONDENTS: 1. FOREST RANGE OFFICER, KULATHUPUZHA, NEDUMANGADU TALUK, TRIVANDRUM DISTRICT. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI. JAYASURYA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.4722/2010 -2- PETITIONERS' ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE CHARGE SHEET FILED BY THE 1ST RESPONDENT BEFORE THE JFMC II, PUNALUR. ANNEXURE A2 : TRUE COPY OF THE SALE DEED DATED 09.12.2009 EXECUTED IN FAVOUR OF THE BROTHER OF THE 1ST PETITIONER. ANNEXURE A3 : TRUE COPY OF THE ENCUMBRANCE CERTIFICATE OBTAINED BY THE BROTHER OF THE 1ST PETITIONER AT THE TIME OF PURCHASING THE PROPERTY COVERED IN ANNEXURE A2 SALE DEED. ANNEXURE A4 : TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, THENNOR IN FAVOUR OF THE BROTHER OF THE 1ST PETITIONER. ANNEXURE A5 : TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.02.2010 ISSUED BY THE VILLAGE OFFICER, THENNOR IN FAVOUR OF THE BROTHER OF THE 1ST PETITIONER. ANNEXURE A6 : TRUE COPY OF THE SUIT NO. 593/2010 FILED BY THE BROTHER OF THE 1ST PETITIONER BEFORE THE MUNSIFF COURT, NEDUMANGADU. ANNEXURE A7 : TRUE COPY OF THE INTERIM ORDER GRANTED BY THE PRINCIPAL MUNSIFF COURT IN FAVOUR OF THE 1ST PETITIONER. ANNEXURE A8 : TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT IN O.S. NO. 593/2010. ANNEXURE A9 : TRUE COPY OF THE NOTIFICATION DATED 07.08.2010 PRODUCED BY THE 1ST RESPONDENT BEFORE THE MUNSIFF COURT, NEDUMANGADU. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 4722 OF 2010 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. Petitioners are accused in Crime No.8/2010 of Forest Range office, Kulathupuzha for offences punishable under Section 27 (1) e i, ii, iii and iv of Kerala Forest Act and Section 2 (6) ii, 3, 5, 3 (2) of the Kerala Forest (Ecologically Fragile Land Vesting and Management) Act, 2003 now pending before the Judicial First Class Magistrate's Court-II (Forest offences) Punalur. I am not inclined to interfere with the case at this stage. It is open to the petitioners to file discharge application before the Magistrate. If such an application is filed the same shall be considered on merits. If the petitioners make an application under Section 205 Cr.PC for dispensing with their personal appearance before the trial court on or before 30-09-2011, the Magistrate shall do well to dispense with their personal appearance on such terms and conditions the learned Magistrate deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG