Crl.M.C.No.2672/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
CRL.MC NO. 2672 OF 2022
PETITIONER/PETITIONER:
SOMARAJAN
AGED 52 YEARS
SON OF NARAYANAN, KOLAVARAYIKKAL HOUSE,
NELLIKKATTIRI P.O., PATTAMBI TALUK, PALAKKAD
DISTRICT, (OWNER OF A TIPPER LORRY BEARING
REGISTRATION NO. KL-52-E-1036), PIN - 679533
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682031
2 THE SUB INSPECTOR OF POLICE
CHALISSERY POLICE STATION, PALAKKAD DISTRICT,
PIN - 679536
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD,
PIN - 678001
OTHER PRESENT:
SMT. REKHA.S SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2672/2022 2
ORDER
Petitioner approached this Court challenging Annexure-3 order through which the application filed by the petitioner under Section 457 of the Cr.P.C. has been decided by the Judicial Magistrate of First Class, Pattambi.
2. The learned counsel for the petitioner submits that condition No.8 is illegal and unsustainable. It is submitted that the case of the prosecution is saved by imposing condition Nos.1 to 7. It is submitted that even if the petitioner decides to compound the offence, the offence can be compounded by payment of Rs.25,000/- and the condition No.8 to deposit Rs.1 lakh as security for the fulfillment of condition Nos.1 to 7 is unreasonable and arbitrary.
3. The learned Public Prosecutor points out the circumstances of the case appearing from the record. However, it is not disputed that the offence against the petitioner can be compounded on payment of Rs.25,000/-.
4. Having regard to the facts and circumstances of the case and considering the fact that in respect of an offence which can be compounded by payment of Rs.25,000/-, the learned Magistrate has imposed a condition that the petitioner shall deposit of a sum of Rs.1 lakh as security for fulfillment of condition Nos.1 to 7, I am of the opinion that there is merit in the contention raised by the learned counsel for the petitioner. Crl.M.C.No.2672/2022 3
Accordingly, Crl.M.C. will stand allowed and condition No.8 in Annexure-3 order in C.M.P.No.1673/2022 on the file of the Judicial Magistrate of First Class, Pattambil will stand set aside. The petitioner shall comply with all other conditions imposed under that order.
Sd/-
GOPINATH P.
JUDGE acd Crl.M.C.No.2672/2022 4 APPENDIX OF CRL.MC 2672/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE SEIZURE MAHASAR IN CONNECTION WITH THE SEIZURE OF VEHICLE OF PETITIONER DATED 11.3.2022 PREPARED BY THE SECOND RESPONDENT Annexure2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.3.2022 IN WPC NO.9912/2022 Annexure3 TRUE COPY OF THE ORDER DATED 7.4.2022 IN CMP NO.1673/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI, PALAKKAD DISTRICT Annexure4 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 27.10.2021 IN CRL.M.C.NO.5035/2021