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2026 Supreme(Online)(Ker) 25925

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Jose Thomas – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Praveen S., Smt.Ajisha M.S.
For the Respondents: Sri.K.A. Noushad, Sr. Public Prosecutor

Table of Content
1. alleged trespass and theft of trees from government land. (Para 2 , 3)
2. applicants claim innocence; prosecution opposes bail. (Para 5)
3. inadvertent cutting, penalty paid, bail granted. (Para 6)

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicants are the accused Nos.1 and 2 in Crime No.101/2026 of Santhapara Police Station, Idukki District. The offences alleged are punishable under Sections 329 (2) and 303(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘ BNS ’).

3. The prosecution case, in short, is that the accused persons, without obtaining any authorization to cut or remove trees from government land and with the intention of trespassing into government property and committing theft, on 11.10.2025, during daytime, near Muthamma Colony in the Anayirankal area of Chinnakanal Village, criminally trespassed into government revenue puramboke land comprised in Survey No. 311/19. It is alleged that accused Nos.1 to 4, using two machine saws and a rope, cut and removed about 30 eucalyptus trees and other forest trees valued at approximately Rs.25,0

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