The Chottanikkara Judicial First Class Magistrate Court in Ernakulam has scheduled the framing of charges against the Augustine brothers in the cheating case linked to the Muttil tree-felling for September 7. The court considered the case on Monday (August 31, 2026) and will take it up again next week.
The case was registered by Ambalamedu police on a petition filed by M. Aliyar, proprietor of Malabar Timber Industries, Karimugal, alleging fraud in the sale of timber from illegally felled trees in 2021. The three accused – Roji Augustine, Jose Kutty Augustine, and Anto Augustine – face charges in the case.
On Monday, the court dismissed a petition filed by the accused on August 24 asking that the case not be considered until the Forest department filed its final report in the original Muttil tree-felling case to which the instant case had been linked. The prosecution opposed the application, arguing it was a cheating case registered by the police, separate from the Muttil tree-felling case registered by the Forest department.
The court allowed a petition filed by first accused Roji Augustine to record his plea through video conferencing. His brothers Josekutty and Anto Augustine had earlier filed similar pleas, which were also allowed. However, none of the accused were present on Monday, despite the court having permitted the second and third accused to appear via video conferencing during the last hearing.
Earlier this month, the court had issued non-bailable warrants against the accused after they failed to appear personally for the framing of charges. The warrants were later recalled when they appeared before the court.
In July 2026, the Kerala High Court dismissed the discharge petitions filed by Jose Kutty and Anto Augustine. The High Court had also earlier dismissed a petition filed by Roji Augustine seeking a stay of the ongoing trial in the cheating case.
The police initially booked the case under IPC Sections 406 (criminal breach of trust) and 420 (cheating). Subsequently, the High Court quashed the charge under Section 406 but upheld the cheating offence.
According to the prosecution, the accused collected installments as advance and sold timber from illegally felled trees. The timber was allegedly cut and transported from the Meppadi Forest Range. Aliyar alerted the Forest Department, which confirmed the illegal sale and confiscated the timber on February 8, 2021.
The accused argued that no permit was required for the timber sale, but the court rejected this, noting the Forest Department's investigation confirmed the sale was illegal.
The illegal felling of rosewood trees in Muttil South village allegedly occurred in November-December 2020 and January-February 2021. The Judicial First Class Magistrate Court in Sulthan Bathery is overseeing the criminal proceedings regarding the illegal felling of protected rosewood trees in the village.
The Augustine brothers are also accused in a separate case of large-scale illegal felling and smuggling of protected rosewood and teak trees worth approximately ₹8 crore.