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Justice Shircy V denied the relief to the four accused — Vineesh, Anto Augustin, Josekutty Augustin and Roji Augustin — saying that it prima facie appeared that they attempted to “stealthily cut and remove royal trees and misappropriate the valuable assets of the state”.
The court also noted, in its judgement, that it prima facie appeared that some government officials, who were expected to work with “absolute sincerity”, were hand in glove with the accused in the illegal cutting of the trees and causing a loss to the tune of Rs 8 crore to the state exchequer.
“The records indicate necessary meeting of the minds. The argument advanced by the counsel for the petitioners (accused) that recovery of almost all the rosewood logs have been effected and therefore, no loss had been caused to the State, is not at all a good or plausible argument.”
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It said that taking into consideration the nature of the accusations, the seriousness of the offences committed, the reasonable apprehension of tampering with the evidence, and the larger interest of the state and public, it was “reluctant” to grant them bail.
“So, on merits, the petitioners are not entitled to be released on bail,” the high court said.
It, however, noted that the accused were in custody since July 28 and as on date they have completed 60 days in jail with no charge sheet having been filed in the case, entitling them to default bail for which they have to move the trial court.
The high court said that the trial court can decide their pleas for default bail on its own merits.
“However, these bail applications filed by the petitioners are not liable to be allowed as prayed for and they are not entitled to be released on bail as requested by the counsel for the petitioners. Accordingly, both these applications stand dismissed,” the high court said.
The accused had claimed before the high court that they had not committed any offence.
They had contended that trees were cut and removed from properties in Muttil village, which is not a notified area in Wayanad district, on the basis of the orders issued by the Government of Kerala.
Though the orders were recalled subsequently it was without retrospective effect, but they were charged for the aforementioned offences apart under the provisions of the Forest Act and so, they are languishing in jail since the date of their arrest, the accused had claimed.
The prosecution, on the other hand, had contended that the accused, fraudulently with the dishonest intention to cheat and to misappropriate the assets of the state, approached the persons holding land under assignment from the government and claimed to have obtained necessary sanction to cut and remove rosewood trees.
Thereafter, they proceeded to cut and remove extensively the royal rosewood trees worth Rs 8 crore, reserved to the government, after paying a meagre amount to those to whom the land was assigned, the prosecution had argued before the high court.
It had further contended that the accused “committed fraud with the connivance and assistance of certain government officials, cheated the state and the land owners — which includes poor tribal people — and caused loss of Rs.8 crore to the government by indulging in the illegal activities”.