Kerala High Court
Rajesh. P. S vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 1735 OF 2024
CRIME NO.69/2024 OF VELLATHOOVAL POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 16.02.2024 IN CMP NO.608 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, (MUNSIFF MAGISTRATE
COURT) ADIMALI
PETITIONER(S)/4TH ACCUSED:
RAJESH. P. S.
AGED 43 YEARS
S/O. SOMAN, PADINJARE PULIKKATHARA HOUSE,
THANNEERMUKKOM NORTH VILLAGE, THANNEERMUKKAM P.O.,
CHERTHALA, ALAPPUZHA., PIN - 688555
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
ATHUL M.V.
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
VELLATHOOVAL POLICE STATION, IDUKKI., PIN - 685563
BY ADV.
SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.1735 of 2024
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.1735 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity).
2. Petitioner is the registered owner of a tanker lorry bearing Registration No.KL-32-N-4825. On 30.01.2024, the afore said vehicle was taken into custody by the 2nd respondent on the allegation that waste water loaded in the said tanker from a septic tank was drained off near a waterbody. Crime No.69/2024 was registered alleging offences punishable under Section 269 r/w 34 IPC as well as Section 120 (e) of the Kerala Police Act. The petitioner being the owner of the vehicle, was implicated as the 4th accused in the crime. It is the case of the petitioner that, he was not aware of Crl.M.C. No.1735 of 2024 3 the transportation of the septic tank waste and its unloading which is the subject matter of the crime. Petitioner filed Annexure A3 application for interim custody of the vehicle before the Judicial First Class Magistrate Court, Adimaly and the court below rejected the prayer to release the tanker lorry vide Annexure A4 order. Aggrieved by the same, this Crl.M.C is filed.
3. The learned Magistrate dismissed the petition filed under Section 451 of the Code mainly for the reason that the allegation against the accused is very serious and the learned Magistrate also observed that considering the spirit of the order of this Court in W.P. (C). No.7844/2023, the petitioner is not entitled interim custody. I think there is some force in the above finding of the learned Magistrate.
4. But, the counsel for the petitioner submitted that the vehicle is the livelihood of the petitioner and he is ready to comply any conditions imposed by this Court. It is also submitted that the vehicle is now parked in an open place and if it is continued to be there, it will be Crl.M.C. No.1735 of 2024 4 damaged. The Public Prosecutor opposed the petition and supported the order passed by the learned Magistrate.
5. After hearing both sides, I think the vehicle can be released after imposing stringent conditions. In Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638), the Apex Court held that powers under Section 451 should be exercised expeditiously and judiciously after imposing appropriate conditions. I am of the considered opinion that the Magistrate can be directed to release the vehicle, after imposing the conditions mentioned in Sunderbhai Ambalal Desai's case (supra).
Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:
1. Annexure A4 order is set aside.
2. The Judicial First Class Magistrate, Adimaly is directed to release the vehicle bearing registration No.KL-32-N-4825, after imposing the conditions mentioned in Sunderbhai Ambalal Crl.M.C. No.1735 of 2024 5 Desai v. State of Gujarat (AIR 2003 SC 638).
3. The petitioner shall not transfer the vehicle without the permission of the Court.
4. The petitioner shall not commit similar offence in future and if such offence is committed, the Police Authorities are free to approach the lower court and the lower court can pass appropriate orders to repossess the vehicle even though this order is passed by this Court.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM Crl.M.C. No.1735 of 2024 6 APPENDIX OF CRL.MC 1735/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TANKER LORRY BEARING REG. NO. KL-32-N-4825. ANNEXURE A2 TRUE COPY OF THE FIR DATED 30.01.2024 IN CRIME NO. 69/2023 OF VELLATHOOVAL POLICE STATION.
ANNEXURE A3 TRUE COPY OF THE PETITION DATED 07.02.2024 FILED AS C. M. P. NO.
608/2024 FILED IN CRIME NO. 69/2024 OF VELLATHOOVAL POLICE STATION BEFORE THE JFCM COURT, ADIMLAY.
ANNEXURE A4 TRUE COPY OF THE ORDER DATED 16.02.2024 IN C. M. P. NO. 608/2024 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALY. ANNEXURE A5 TRUE COPY OF THE INTERIM ORDER DATED 07.07.2023 IN W. P. (C). NO.
7844/2023 PASSED BY THIS HON'BLE COURT.
ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 18.02.2020 IN CRL. M. C. NO.
1391/2020 PASSED BY THIS HON'BLE COURT.
ANNEXURE A7 TRUE COPY OF THE JUDGMENT DATED 18.08.2023 IN CRL. M. C. NO.
2042/2023 PASSED BY THIS HON'BLE COURT.
ANNEXURE A8 TRUE COPY OF THE JUDGMENT DATED 01.11.2023 IN CRL. M. C. NO.
8452/2023 PASSED BY THIS HON'BLE COURT.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE