SUHYB Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are forest officials, the 1st petitioner being the Divisional Forest Officer, Marayoor Forest Division and the 2nd petitioner, the Range Forest Officer. Three crimes were registered at the Marayoor Forest Range as O.R.Nos.1, 2 and 3 of 2024 for offences under Ss. 27(1)(d), 27(1)(e)(ii), 27(1) (e)(iii) and 27(1)(e)(iv) read with Ss. 47C and 47G of the Kerala Forest Act against certain persons including the 2nd respondents herein. As the facts in Crl.M.C.Nos.65 and 86 of 2025 are slightly different from those in Crl.M.C.Nos.73, 74 and 85 of 2025, the two sets of cases are dealt with separately.

(2.) The 2nd respondent in Crl.M.C.No.86 of 2025 is the 5th accused in O.R.No.3 of 2024. He was arrested on 21/11/2024 and at the request of the petitioners, the 2nd respondent was given to their custody from 23/11/2024 to 26/11/2024. Subsequently, the 2nd respondent submitted Annexure B complaint to the Magistrate on 17/12/2024, and the Magistrate issued notices to the petitioners under Sec. 223(1) of BNSS.

(3.) Heard Advs.Babu S. Nair for the petitioners, Thomas J Anakallungal and Sreelakshmi Sabu for the accused. Adv.Nagaraj Narayanan, the Special Government Pleader (Forest) appeared for the State.