L.CHRISTUDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 Cr.P.C. Petitioners are accused Nos. 1 and 2 in Crime No.508 of 2018 of Poovar Police Station, Thiruvananthapuram Rural District. The offence allegedly committed by the petitioners is one punishable under Section 379 of Indian Penal Code.

(2.) The allegation of the prosecution was that Badham and Anjili trees were cut and removed from the property, wherein, the Paraniyam Family Health Centre is situated. The missing of the trees were noticed by the Medical Officer in charge of the Family Health Cente, Paraniyam on 10.04.2018. Following the detection, she has lodged FIS before the Poovar Police alleging the same. The crime in question was registered on its basis. The investigation was proceeded with without mentioning the name of any persons in the array of the accused. During the course of investigation on 18.07.2018, the statement of one Mr. Ajithkumar was recorded, wherein he had stated that cut loggs of trees have been brought to his shop by somone and thereafter those have been taken away by the President and Standing Committee Chairman of Thirupuram Panchayat. Accordingly, the names of the petitioners were incorporated into the crime. The investigation is pursued with based on the information so obtained. In the aforesaid circumstances, out of their apprehension that they would be arrested and harassed by the Poovar Police in the crime, this application seeking pre-arrest bail is moved.

(3.) Sri. K.S Bharathan, the learned counsel for the petitioners has submitted that, the crime was registered totally based on false facts. According to him the petitioners respectively being the Panchayath President and the Standing Committee Chairman of Thirupuram Panchayat, false allegations have been raised by the rival group, with a view to harass them. He has invited my attention to Annexure A9, a decision taken by the ruling committee of the Panchayath on the allegtions. It is seen from decision No. 11 taken by the Thipuram Grama Panchayath on 05.06.2018 that all the members of the ruling committee have decided not to pursue with the prosecution, which was initiated based on the FIS of the Medical Officer of Paraniyam Family Health Centre. It is also revealed from the decision taken by the Panchayth that steps have been taken to assess the value of the cut trees through Social Forestry authorities, to conduct a bid of the cut trees and to credit the consideration obtained therefrom in the fund of the Panchayath. According to the counsel, a decision has been reached by the Panchayth as aforesaid, and therefore there is no meaning in taking custody of the petitioners for investigation purpose.