Anandhu Kamalan vs State Of Kerala

Kerala High Court

Anandhu Kamalan vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                CRL.MC NO. 3754 OF 2024
CRIME NO.402/2024 OF HARBOUR POLICE STATION, ERNAKULAM
  AGAINST THE ORDER/JUDGMENT DATED 12.04.2024 IN CMP
NO.566 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
                          I, KOCHI
PETITIONER/PETITIONER :

         ANANDHU KAMALAN
         S/O KAMALAN, PAPPANIKUNNEL,
         UDAYAMPEROOR, NADAKKAVU,
         ERNAKULAM, PIN - 682 307.
         BY ADVS.
         MATHEWS BENNY
         MANU MURALI T.


RESPONDENT/STATE & RESPONDENTS :

   1     STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682 031.
   2     STATION HOUSE OFFICER
         HARBOUR POLICE STATION,
         BRISTOW ROAD, WILLINGTON ISLAND,
         KOCHI, PIN - 682 003.
         SRI.RENJITH T.R., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 3754/2024

                                              2


                          BECHU KURIAN THOMAS, J
                     ......................................................
                              Crl.M.C.No.3754 of 2024
                      ...................................................
                     Dated this the 21st day of May, 2024


                                          ORDER

Petitioner's vehicle, bearing registration No.KL-59/D-0927, was allegedly found dumping sewage waste into a water source within Cochin Corporation. The offence is alleged to have been detected and the vehicle seized on 21.02.2024. Though petitioner filed an application for grant of interim custody, the same was dismissed by Annexure-A3 order.

2. I have heard Sri.Mathews Benny, the learned counsel for the petitioner as well as Sri.Renjith T.R., the learned Public Prosecutor.

3. A Division bench of this Court had in W.P.(C) No.7844/2023 directed that, as a preventive measure, vehicles dumping waste into public properties ought not to be released without getting permission from this Court.

4. In December 2023, the statute relating to the local authorities were amended to incorporate a provision for confiscation of vehicles involved in dumping waste into public properties. Despite all these CRL.MC 3754/2024 3 stringent conditions, there is still an increase in such nefarious activities and a time has come to incorporate stringent conditions at least when vehicles seized are directed to be handed over on interim custody.

5. In the decision in State of Karnataka v. K.Krishnan (2000) 7 SCC 80, the Supreme Court had observed that in serious offences committed under Forest and Wild Life Act, interim custody of vehicles can be granted by imposing conditions like furnishing of bank guarantee. In the decision in Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, the Supreme Court has observed the vehicles need not be kept in police custody or other offices, pending trial, as the same may reduce the value of the vehicle and that conditions can be incorporated while ordering release of the vehicle to the person best entitled to.

6. The petitioner is alleged to have committed a very serious crime of dumping sewage waste into a water source within the limits Cochin Corporation. The Public Prosecutor upon instructions submitted that the final report has already been filed and that there is every chance that the petitioner may repeat the commission of similar offences, if CRL.MC 3754/2024 4 the vehicle is released to him.

7. Having regard to the aforesaid circumstances and also bearing in mind the decisions in Sunderbhai Ambalal Desai' case & K.Krishnan's case (cited supra), I am of the view that though the petitioner has indulged in a very serious crime, which can even result in initiation of confiscation proceedings against the vehicle, no purpose would be achieved by retaining the vehicle in the custody of the Police until then. Appropriate conditions can certainly be imposed while directing release of the vehicle. Considering the seriousness of the offence and the health hazard on the public, stringent conditions ought to be imposed.

8. Hence, there will be a direction to the Investigating Officer in Crime No.402/2024 of Harbour Police Station, to release the vehicle, bearing registration No.KL-59/D-0927, to the petitioner on the following conditions :-

(i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Magistrate and undertake to produce the vehicle before the Court as and when required.

(ii) Petitioner shall furnish a Bank Guarantee for Rs.2,00,000/- CRL.MC 3754/2024 5

[Rupees Two lakhs only] before the Jurisdictional Magistrate.

(iii) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case.

(iv) Petitioner shall participate in the trial as well as the confiscation proceedings, if any, initiated.

(v) Petitioner shall not commit similar offences in the future and if such offences are committed, the police will be free to repossess the vehicle and seek encashment of the Bank Guarantee.

The Crl.M.C.is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/21/05/2024 CRL.MC 3754/2024 6 APPENDIX OF CRL.MC 3754/2024 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-59/D-0927 ISSUED IN THE NAME OF THE PETITIONER.

ANNEXURE A2 A TRUE COPY OF THE FIR NO. 402/2024 OF HARBOUR POLICE STATION DATED 20.03.2024. ANNEXURE A3 A TRUE COPY OF THE ORDER OF THE HON'BLE JFCM COURT-1, KOCHI IN CMP.NO.566/2024 DATED 12.04.2024.

TRUE COPY