THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused No.2 in O.R.No.4 of 2010 of Kollengode Forest Range Office for offences punishable under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act (for short, "the Act"). Learned Sessions Judge, Palakkad granted bail as per order on Crl.M.P.No.3308 of 2010 imposing certain conditions, one being that petitioner was not to enter Kollengode Forest Range. PETITIONER filed Crl.M.P.No.3726 of 2010 before learned Sessions Judge to modify the condition to permit him enter the land belonging to Nelliyambathy Plantation of which he claimed to be the supervisor. That application was dismissed by the learned Sessions Judge by Annexure-A2, order dated 29.11.2010 observing that petitioner is involved in various other cases as well. Annexure-A2, order is under challenge. Learned Senior Advocate appearing for petitioner contends that as per various orders passed by this Court, Nelliyambathy Plantation is entitled to get 200 acres of land demarcated, it has not so far been done and that contempt proceedings are pending. Learned Special Government Pleader for Forest Department submitted that petitioner is not entitled to get any such land demarcated and that institution of vigilance enquiry is under active consideration of the Government as to the circumstances under which Nelliyambathy Plantation claimed to be entitled to demarcation of land and allied matters.

(2.) IT is not necessary for me to go into the question whether Nelliambathy Plantation is entitled to get any land as contended by the learned Senior Advocate or the said claim of the Plantation is not correct as claimed by the learned Special Government Pleader. Question for consideration is whether condition imposed on petitioner is liable to be modified or not. Learned Sessions Judge has refused to do so for the reason that petitioner is involved in several cases.