1. The petitioner, who is the accused in C.C.No.334/2004 in the file of the Judicial First Class Magistrate Court, Taliparamba, has sought for getting quashed the proceedings initiated against him for the offence under Section 379 I.P.C. The theft alleged is that he cut and removed trees worth Rs.15,000/- from the property extending 1 acre and 75 cents in R.S.No.17/1A which was attached by the Tahsildar, Taliparamba and of which he is the owner. The attachment was effected in pursuance of the execution of M.C.87/91 filed by his wife under Section 125 Cr.P.C. and in execution of the order that he shall pay at the rate of Rs.500/- to his four minor children from the date of the petition, i.e. from 1997. The arrears due amounted to Rs.39,000/-. That attachment was effected in December 2002 as per the order of the Tahsildar under the Revenue Recovery Act. Unaware of the order of attachment, the petitioner had agreed to sell some of the standing timber in the said property to one Mathukutty in December 2002. The above person cut and removed certain Maruthu trees from the property. Thereupon the wife of the petitioner filed a complaint to the Sub Inspector of Police alleging that he