LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


  • The name of the case is Anto Augustine And Ors. V. State of Kerala.
  • A trio of entrepreneurs, having branches of various businesses across the State, was accused of felling centuries old rosewood trees from a reserved forest.
  • It was alleged that they were involved in cutting down trees and transporting 54 logs of rosewood trees without a valid permit.
  • The applicants had cut and removed trees worth Rs. 8 crores without taking consent from the Revenue Department.
  • The proceedings were initiated under Kerala Land Conservancy Act.
  • The prime accused in illegal rosewood tree felling and smuggling case has filed a bail application.

Contentions of Applicant

  • The applicants contended that since the property belonged to them, there is no requirement of acquiring prior permission of any authority.
  • A govt. order of the village officer was presented before the Court to substantiate their stand.
  • They also presented two govt. orders which had clarified that the owner is entitled for cutting and removing trees from non-notified lands excluding sandalwood.
  • The petitioners had removed 5 rosewood trees on their private property and traded with an authorised trader.
  • The de facto complainant is misusing his powers as an officer in the Revenue Department to implicate the petitioners.

Submissions in Bail Application

  • The basic ingredients of the offences are not attracted in the case.
  • They were arrested when they were en route to their mother’s funeral and have been held in custody since then.
  • The charges are factually incorrect and made with ulterior motives.
  • The alleged offence occurred in December 2020 whereas there was an unexplained delay of 7 months in filing an FIR.
  • The arrest was done without a proper investigation.

What is do you think about the applicants being granted bail? Tell us in the comments section below!

"Loved reading this piece by SUSHREE SAHU?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Tags :

  Views  34  Report

Post a Suggestion for LCI Team
Post a Legal Query