Petitioners are forest officials, the 1st petitioner being the
Divisional Forest Officer, Marayoor Forest Division and the 2 nd
petitioner, the Range Forest Officer. Three crimes were
registered at the Marayoor Forest Range as O.R.Nos.1, 2 and 3
of 2024 for offences under Sections 27(1)(d), 27(1)(e)(ii), 27(1)
(e)(iii) and 27(1)(e)(iv) read with Sections 47C and 47G of the
Kerala Forest Act against certain persons including the 2 nd
respondents herein. As the facts in Crl.M.C.Nos.65 and 86 of
2025 are slightly different from those in Crl.M.C.Nos.73, 74 and
85 of 2025, the two sets of cases are dealt with separately.
Crl.M.C.Nos.73, 74 and 85 of 2025
Pursuant to the registration of O.R.Nos.1,2 and 3 of 2024,
Vinod, the 5th accused in O.R.No.1 of 2025, was arrested and his
Crl.M.C.No.65/25 & con.cases
2025:KER:49758
confession statement recorded on 14.11.2024. During his
confession, Vinod revealed the names of Sarath @ Siva,
Soorya, Suresh and Liju @ Jithu as participants in the crime.
Thereafter, the 1st accused Sarath was taken into custody on
18.11.2024. In the confession statement of Sarath recorded on
19.11.2024, he mentioned about the involvement of others
named Manoj, Rajesh and Jaleel. Thereupon, Manoj, Rajesh and
Jaleel were arrested on 21.11.2024. After recording their
arrest the accused were produced before the Judicial
Magistrate of First Class, Devikulam and remanded to judicial
custody. While so, the petitioners sought the custody of Sarath,
Manoj and Rajesh for the purpose of interrogation. The learned
Magistrate allowed the prayer and granted custody from
04.12.2024 to 09.12.2024. On completion of the custody period
the accused were produced before the Magistrate on
09.12.2024. Later in the day, after meeting their lawyer, the
accused complained to the Magistrate that they were subjected
to extreme harassment and physical torture by the petitioners.
Crl.M.C.No.65/25 & con.cases
2025:KER:49758
The Magistrate thereupon directed the accused to be taken for
medical examination. After returning from the hospital, Sarath,
Manoj and Rajesh submitted written complaints to the
Magistrate. The Magistrate accepted the complaints and
recorded the sworn statements of the accused on 21.12.2024.
Based on the complaints and the sworn statements, the
Magistrate took cognisance of the offences punishable under
Sections 115(2), 118(1), 120(1), 127(2), 194 and 351(1) read
with Section 3(5) of the BNS and issued summons to the
petitioners. The cases were thereupon numbered as
C.C.Nos.613, 612 and 614 of 2024 on the files of the Judicial
Magistrate of First Class, Devikulam.
Crl.M.C.Nos.65 and 86 of 2025
The 2nd respondent in Crl.M.C.No.65 of 2025 is the 4 th
accused in O.R.No.1 of 2024 and was arrested on 14.11.2024.
While continuing in judicial custody, the 2 nd respondent
submitted a complaint alleging physical torture while he was in
the custody of the petitioners. Thereupon, the Magistrate
Crl.M.C.No.65/25 & con.cases
2025:KER:49758
issued notice under Section 223(1) of BNSS to the petitioners.
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