Kerala High Court
Salahudheen N.B vs State Of Kerala on 30 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
CRL.MC NO. 2470 OF 2024
CRIME NO.171/2024 OF Muvattupuzha Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 04.03.2024 IN CMP NO.383 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA
PETITIONER(S):
SALAHUDHEEN N.B
AGED 23 YEARS
NIRAPPEL HOUSE, CHERUVATTOOR P.O., ERAMALOOOR,
KOTHAMANGALAM, ERNAKULAM, PIN - 686696
BY ADVS.
P.M.ARUN DAS
BIBIN VARGHESE
K.ARUN
RESPONDENT(S):
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI. NOUSHAD. K. A - SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2470 OF 2024
2
ORDER
Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the respondent.
2. Relief sought for in this petition is to set aside Annexure-A4 order passed by the learned Magistrate in a petition filed under Section 451 of Cr.P.C. for the release of the vehicle involved in the case.
3. It is seen from the records that in similar petitions filed in the same crime as Crl.M.C.No.3578/2024, Crl.M.C.No. 3586/2024 and Crl.M.C.No.3594 of 2024, the vehicles involved were ordered to be released subject to conditions.
4. In the above circumstances, the petitioner herein is also entitled for the release of his vehicle subject to the same conditions imposed in the aforesaid orders of this Court.
In the result, the above petition is disposed as follows:
1. Annexure-A4 order is set aside.
2. The Judicial First Class Magistrate Court - I, Muvattupuzha is directed to release the vehicle bearing registration No.KL-17Q-5090, after imposing the CRL.MC NO. 2470 OF 2024 3 conditions mentioned in Sunderbhai Ambalal 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 Trial Court and the Trial Court can pass appropriate orders to repossess the vehicle, even though this order is passed by this Court.
Sd/-
G.GIRISH JUDGE nak CRL.MC NO. 2470 OF 2024 4 APPENDIX OF CRL.MC 2470/2024 PETITIONER ANNEXURES Annexure A1 TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION OF THE JCB BEARING REGISTRATION NO. KL-17 Q -5090 Annexure A2 TRUE PHOTO COPY OF THE INSURANCE POLICY OF THE THE JCB BEARING REGISTRATION NO. KL-17 Q -5090 Annexure A3 COPY OF THE F.I.R IN CRIME NO. 171/2024 OF MUVATTUPUZHA POLICE STATION Annexure A4 THE COPY OF THE ORDER IN CRL.M.P NO.383/2024 DATED 04/03/2024 BY THE JFCM-I, MUVATTUPUZHA