RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are the accused in O.R.No.8/2012 of Mullaringad Range of Kothamangalam Forest Division. The offence alleged against them is under section 27(1)(e)(i) & (iv) of Kerala Forest Act. Apprehending arrest, this petition is filed for anticipatory bail.

(2.) THE allegation is that the petitioners trespassed into the Reserve Forest area by name "the 1980 Vellakkayam Cashew Estate". After cutting and removing shrubs, they planted 70 coconut saplings, 7 arecanut saplings and 5 plantains. It was stated that such plants, aged about 3 years, were brought from some other place and planted in the forest area to make it appear that those plants were aged about 3 years.

(3.) THE forest area, described as "1976 Teak Plantation" is situated at the western side. Just lying to the east of that plantation, there is an area occupied by certain persons. It was separately demarcated. Still to the east of that land which was separately demarcated by the boundary "the 1980 Cashew Plantation" is situated. It is within "the 1980 Cashew Plantation", the petitioners now claim right. But it is pointed out by the respondent that the area which was allotted or held by the first petitioner is situated far to the north east of the disputed land. That portion has been separately demarcated and shown in the sketch produced before me.