Kerala High Court
Athira M vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 3625 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 08.04.2024 IN CMP NO.2082 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONER/S:
ATHIRA M
AGED 27 YEARS
W/O.SHARUN P.K., PALAKKEEL KALIYATH HOUSE, PATTUVAM,
ARIYIL P.O., THALIPARAMBA, KANNUR DISTRICT, PIN -
670141
BY ADV BABU S. NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR
DISTRICT, PIN - 670503
OTHER PRESENT:
SRI.G.SUDHEER, P.P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C.No.3625 of 24
2
C. PRATHEEP KUMAR J.
--------------------------------------
CRL.M.C.NO. 3625 OF 2024
---------------------------------------
Dated this the 19th day of April, 2024
O R D E R
This is an application filed by the petitioner for releasing the mini lorry bearing No.KL-59-G-3720, seized by Pariyaram Medical College Police Station.
2. The application was opposed by the learned Public Prosecutor on the ground that confiscation proceedings are going on before the Sub Divisional Magistrate.
3. However, considering the fact that the mini lorry is kept idle since it has been confiscated, I hold that interim custody of the same can be released to the petitioner, who is the registered owner on strict conditions subject to confiscation proceedings.
In the result, this application is allowed subject to the following terms:
1. The petitioner shall execute a bond for Rs.5,00,000/- (Rupees five lakh only) with two solvent sureties for the like sum to the Crl. M.C.No.3625 of 24 3 satisfaction of the trial court. He shall produce the excavator before the trial court/Sub Divisional Magistrate as and when called for, in same condition.
2. Release of the mini lorry will be subject to all further legal proceedings including confiscation, if any.
Sd/-
C.PRATHEEP KUMAR JUDGE SM Crl. M.C.No.3625 of 24 4 APPENDIX OF CRL.MC 3625/2024 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE ORDER PASSED BY THE J.F.C.M., PAYYANNUR IN C.M.P.NO.2082/2024 DATED, 8-4-2024