Muttil tree-felling case: Kerala High Court upholds cheating charges against Augustine brothers

The Kerala High Court has refused to interfere with the order of the Judicial First Class Magistrate Court, Chottanikkara, dismissing the discharge petition of Jose Kutty Augustine and Anto Augustine, the accused in a cheating case connected to the Muttil tree-felling case.

The cheating case had alleged that the accused deceived M.M. Aliyar of Ernakulam by selling timber which reportedly was illegally cut and transported from Meppadi Forest Range in Wayanad. Mr. Aliyar was allegedly led to believe that the timber had the requisite permits issued by the Forest department. 

Mr. Augustine argued that the permit referred to by Mr. Aliyar was not required for the transportation of the timber sold and that the charges were unsustainable. Mr. Aliyar contended that he was convinced by the accused that the timber sold to him was not in any offence or violation of the procedures prescribed by law.

The court held that there was no merit in Mr. Augustine’s contentions since it was revealed during an investigation by the Forest department that the accused did not possess the right or authority to transport and sell the timber. 

Justice G. Girish observed that the offence of cheating could be found prima facie from the facts of the case. 

Jose Kutty Augustine and Anto Augustine, along with their brother Roji Augustine, were arrayed as key accused in the massive illegal smuggling of protected rosewood and teak trees worth ₹8 crore from the assigned lands in Muttil South in Wayanad without the permission of the Revenue department.