Kerala High Court
Aqeel Abdul Shukkoor 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. 3484 OF 2024
CRIME NO.475/2023 OF Guruvayoor Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 01.03.2024 IN SC NO.1086 OF 2023
OF FAST TRACK SPECIAL COURT, CHAVAKKAD
PETITIONER/S:
AQEEL ABDUL SHUKKOOR, S/O KUNHALAVI HAJI,
RESIDING AT CHALATTIL KALLADITHODI HOUSE, PERUMPARAMBA,
MELMURI P.O, MALAPPURAM DISTRICT, PIN - 676517
BY ADVS.
P.T.SHEEJISH
HARIKIRAN
SREERAM P.
A.ABDUL RAHMAN (A-1917)
PARVATHY S. MANOJ
AMRITA SAFAL M.
YOOSUF SAFWAN T. AJMAL
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 INSPECTOR OF POLICE
GURUVAYOOR TEMPLE POLICE STATION, NEAR GURUVAYOOR
TEMPLE, -., PIN - 680101
SMT. SHEEBA THOMAS PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3484 OF 2024 2
ORDER
The petitioner is the registered owner of a Mercedes Benz Car bearing registration No.CH-01-BF-6994. The petitioner is aggrieved by Annexure A2 order passed by the Special Judge, Fast Track Special Court, Chavakkad, by which there is a direction to take the photographs of the vehicle singed by the accused also.
2. As per Annexure A2 order, the Special Judge, Fast Track Special Court, Chavakkad released the vehicle bearing registration No.CH-01-BF-6994 to the petitioner subject to the following conditions:-
''1. The petitioner shall execute bond for Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties for the like sum.
2. The petitioner shall keep the vehicle under good and proper condition and shall not alienate or transfer possession of the vehicle and shall produce the vehicle as and when ordered by this court.
3. Before the vehicle is released to the petitioner, photographs of the vehicle taken in different angles signed by the petitioner, accused and their counsel shall be produced before this court.'' Petitioner is aggrieved by the third condition in which it is stated that the signature of the accused is also necessary in the photographs of the vehicle.
3. Heard the learned Public Prosecutor also. CRL.MC NO. 3484 OF 2024 3
4. I think such a condition is not necessary in the facts and circumstances of this case. After hearing the learned Public Prosecutor also, I am of the considered opinion that the condition No.3 in Annexure A2 can be modified.
Therefore, the Crl.M.C is disposed of modifying condition No.3 in the order dated 01.03.2024 in Crl.M.P. No.303/2023 in S.C. No.1086/2023 of the Special Judge, Fast Track Special Court, Chavakkad in the following manner:-
''3. Before the vehicle is released to the petitioner, photographs of the vehicle taken in different angles signed by the petitioner and his counsel shall be produced before this court.'' Sd/-
P.V.KUNHIKRISHNAN JUDGE ajt CRL.MC NO. 3484 OF 2024 4 APPENDIX OF CRL.MC 3484/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PETITION IN CRL.MP NO.
303/2023 IN SC NO. 1086/2023, BY FAST TRACK SPECIAL COURT, CHAVAKKAD, THRISSUR DISTRICT DATED 01.03.2024 Annexure A2 TRUE COPY OF THE ORDER IN CMP NO. 303/2023 IN SC NO. 1086/2023, BY FAST TRACK SPECIAL COURT, CHAVAKKAD, THRISSUR DISTRICT DATED 01.03.2024