Muttil tree-felling scam: HC to hear plea seeking stay on cheating case trial today

Kochi: The Kerala High Court will on Tuesday consider a petition filed by the Augustine brothers seeking the cancellation of proceedings in the cheating case linked to the Muttil tree-felling scandal in Wayanad. Justice C S Dias will hear the petition.

The hearing assumes significance as the Judicial First Class Magistrate Court, Chottanikkara, on Monday deferred the framing of charges against the three accused after they approached the High Court seeking a stay on the proceedings. The accused also sought a suspension of the trial court proceedings until the High Court considered their plea.

The Chottanikkara court said the proceedings could not be halted merely because a related matter was pending before the High Court and directed the accused to produce a stay order, if granted. It subsequently posted the case to September 11.

The three accused - Roji Augustine, Jose Kutty Augustine and Anto Augustine - face charges in a case registered by the Ambalamedu police on a complaint by M M Aliyar, managing partner of Malabar Timber Industries, Karimukal, Ernakulam. Aliyar alleged that the brothers cheated him of ₹1.4 crore by selling timber illegally felled and transported from Muttil under the Meppadi forest range in 2021.

According to the complaint, Aliyar was led to believe that the timber had the required Forest Department transit passes. He said he learnt of the alleged offence after the Meppadi Forest Range Officer initiated proceedings in 2021. The police subsequently registered a case against the three brothers for cheating and criminal breach of trust.

The JFMC had earlier dismissed a plea by the accused seeking to defer proceedings until the Forest Department submitted its final report in the original Muttil tree-felling case. The prosecution had argued that the cheating case was separate from the Forest Department’s case concerning illegal tree felling.

The JFMC had earlier ruled that the charge of criminal breach of trust was not applicable but upheld the cheating charge. The High Court later upheld the order. The police have already submitted their investigation report.

The Augustine brothers are among the key accused in the alleged large-scale illegal felling of rosewood trees on revenue patta land in Muttil South village. The felling reportedly took place between November and December 2020 and January and February 2021.