Illegal Felling Of Rosewood Trees: Prime Accused Move Bail Plea Before Kerala High Court

A bail plea has been filed before the Kerala High Court by the prime accused in an illegal tree felling and rosewood smuggling case. The matter will be heard by Justice Shircy V. 

The petitioners are a trio of entrepreneurs who have branches of various businesses across the State and abroad. They are accused of felling centuries-old rosewood trees allegedly from a reserved forest in Wayanad. They have been charged for cutting down and transporting 54 logs of rosewood from the forest without a valid permit.

The prosecution in the criminal case has accused the applicants of cutting and removing trees valued at Rs. 8 crores without the consent or knowledge of the Revenue Department, thereby causing a huge loss to the Government. 

In the bail  application, the accused have contended that no prior permission of any government authority was required for cutting or removing rosewood trees from one's own property. They have also produced a Government Order dated 24th October 2020 certified by the Village Officer to support this argument. 

They have cited two Government Orders issued in March and October 2020, clarifying that the property owner is entitled to cut and remove trees from non-notified land, except sandalwood. It is emphasised that these Orders were issued pursuant to the amendment in the Land Assignment Rules. 

Accordingly, the petitioners proceeded to remove five rosewood trees standing on their private properties and traded them with an authorised trader in December 2020 when the aforementioned GOs were in force. 

However, the Tahsildar initiated proceedings against the petitioners under Kerala Land Conservancy Act. 

The applicants submit that they are innocent and that all the allegations are an attempt to implicate them in these offences. 

They assert that they had cut and removed trees on the basis of certificates and Government orders issued by the Revenue Department. On this ground, they allege that the de facto complainant, namely the Tahsildar, is misusing his power as an officer in the Revenue Department.

The applicants add that none of the offences alleged in the FIR would get attracted as the basic ingredients of the offences are absent. 

It is also mentioned in the bail application that the brothers were arrested when they were en route to attend their mother's funeral and that they have been in custody since 28th July.

Therefore, it is asserted that the allegations levelled against them are factually incorrect and charged with ulterior motives.  

Additionally, the plea states that although the date of occurrence of the alleged offence was recorded as November and December 2020, the FIR was lodged by the police only in June 2021, after an unexplained delay of 7 months. 

They further contend that the police is proceeding with their arrest without conducting a proper investigation.  

The applicants had previously preferred a bail plea before the Judicial First Class Magistrate, but it was dismissed on 2nd August. 

Case Title: Anto Augustine & Ors. v. State of Kerala