IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
CRL.MC NO. 2637 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 104/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM
PETITIONER/PETITIONER:
BIJUMON LUKOSE
AGED 41 YEARS
S/O.LUKOSE,MAVELIKKUZHI HOUSE,
NADUTHERY, THALAVOOR PO,
KOLLAM DISTRICT, PIN - 691514
BY ADV ARUN MATHEW VADAKKAN
RESPONDENTS/STATE/COUNTER PETITIONER:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
2 SUB INSPECTOR OF POLICE
KUNNIKODE POLICE STATION,
KOLLAM DISTRICT, PIN - 691508
BY ADV,ARAVIND.V.MATHEW, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.No.2637 of 2022 2
Crl.M.C.No.2637 of 2022
-----------------------------------------------
ORDER
Petitioner is the registered owner of KL-25-C-7045 JCB which was seized by the second respondent for alleged illegal transportation of river sand. Crime No.143 of 2022 was registered under the provisions of Mines and Minerals (Regulation of Development) Act, 1957. As per order in CMP.No.104 of 2022, interim custody of the vehicle was given to the petitioner. As condition No.1, the sureties were directed to produce original title deeds of their respective properties, and to get that condition lifted, the petitioner approached this court.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
3. The learned counsel for the petitioner submitted that in the very same crime, two vehicles were seized and the other vehicle was released as per Annexure A3 order. Similar conditions imposed for releasing the other Crl.M.C.No.2637 of 2022 3 vehicle was already lifted by this court.
In that light, this Crl.M.C. is allowed lifting the condition to produce the original title deeds of the properties of the sureties for depositing in court. The sureties are directed to produce the original title deeds before court along with copies of the same. The court after verifying the copies with the originals, the original document shall be returned to the sureties after retaining the copies certified from court. All other conditions in Annexure A2 is maintained. This Crl.M.C. is disposed of as above.
Sd/-
SOPHY THOMAS, JUDGE.
Mn
Crl.M.C.No.2637 of 2022 4
APPENDIX OF CRL.MC 2637/2022
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF JCB BEARING
REGISTRATION NO.KL-25C-7045
ANNEXURE A2 CERTIFIED COPY OF THE ORDER IN CMP
NO.104/2022 IN CRIME NO.143/2022 OF JUDICIAL MAGISTRATE OF THE I CLASS, PATHANAPURAM ANNEXURE A3 TRUE COPY OF ORDER DATED 5.04.2022 IN CRL.M.C.NO.1816 OF 2022 OF THIS HON'BLE COURT