Mr.Bhabesh Chandradas vs The State Of Kerala
2023 Latest Caselaw 1820 Ker

Crl.MC No.9626/2022                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
            Wednesday, the 1st day of February 2023 / 12th Magha, 1944
                              CRL.MC NO. 9626 OF 2022
    CC 38/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY, THRISSUR
   PETITIONER/ACCUSED 1 &2:

       1. MR.BHABESH CHANDRADAS, AGED 50 YEARS S/O. LATE J.C.DAS, GENERAL
          MANAGER, HARRISONS MALAYALAM LTD. MOOPLY ESTATE, KARIKULAM,
          PALAPILLY (P.O.), VARANDARAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR
          DISTRICT PIN - 680304
       2. MR. MANOJ T.T., AGED 32 YEARS S/O.T.J.THANKACHAN, AGED 32 YEARS,
          ASSISTANT MANAGER, HARRISONS MALAYALAM LTD. MOOPLY ESTATE,
          KARIKULAM, PALAPILLY (P.O.) PIN - 680304

   RESPONDENTS/COMPLAINANT:

       1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
          COURT OF KERALA, ERNAKULUM PIN - 682031
       2. THE RANGE FOREST OFFICER VELLIKULANGARA RANGE KODALY, THRISSUR PIN -
          680684

        This Criminal misc. case having come up for orders upon perusing the
   petition and upon hearing the arguments of M/s. P.MARTIN
   JOSE,P.PRIJITH,A.JANI(KOLLAM),THOMAS P.KURUVILLA,R.GITHESH,AJAY BEN
   JOSE,MANJUNATH MENON,SACHIN JACOB AMBAT,ANNA LINDA EDEN,HARIKRISHNAN S.
   and S.SREEKUMAR (SR.)for the petitoners and of the Public Prosecutor for
   the respondents,the court passed the following:
 Crl.MC No.9626/2022                      2/4




                                V.G.ARUN, J.
                  ===========================
                         CRL.M.C. No.9626 of 2022
                  ===========================
                  Dated this the 01st day of February, 2023

                                  ORDER

Admit. Learned Special Government Pleader

(Forests) takes notice for the respondents.

2. Having heard the learned Senior Counsel and

having gone through Annexure-G seizure mahazar and

Annexure-B to Annexure-D, pertaining to the earlier

rounds of litigation, I find that a prima facie case has

been made out. If the area from where the trees were

cut was restored to the possession of the company

based on the judgments of this Court, the question

emerges as to how a forest offence will be attracted,

particularly when this Court had observed that the

company should keep correct and accurate accounts in

respect of the trees that are to be cut and removed

from the estate and the accounts will be open for

inspection by the Conservator of Forests or any officer

authorised by him.

Crl.MC No.9626/2022 3/4

CRL.M.C. No.9626 of 2022

Hence, there shall be an interim stay of further

proceedings in C.C.No.38/2020 on the files of the

Judicial First Class Magistrate Court, Chalakudy for two

months.

Sd/-

                                                           V.G.ARUN

                                                            JUDGE
      NB/1-2




01-02-2023                             /True Copy/                    Assistant Registrar
 Crl.MC No.9626/2022                    4/4

                       APPENDIX OF CRL.MC 9626/2022
Annexure B            TRUE COPY OF JUDGMENT DATED 13.12.2012 IN W.P.(C).NO.

6411 OF 2007 PASSED BY THIS HON'BLE COURT Annexure D TRUE COPY OF ORDER DATED 02.07.2014 IN R.P.NO.228 OF 2014 PASSED BY THIS HON'BLE COURT Annexure G TRUE COPY OF FORM I REPORT IN OR NO. 06 OF 2016 (C.C NO. 38 OF 2020) FILED BY THE 2ND RESPONDENT, BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY

01-02-2023 /True Copy/ Assistant Registrar