Sudhi vs State Of Kerala
2021 Latest Caselaw 11984 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                      Crl.MC.No.2095 OF 2021(B)

     AGAINST THE ORDER/JUDGMENT IN CRMP 2498/2021 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS, VARKALA


PETITIONER:

               SUDHI
               AGED 37 YEARS
               S/O SUDHAKARAN,
               SUDHI NIVAS, ERAM,
               CHATHANOOR P.O,
               KOLLAM-695172.

               BY ADV. SRI.M.R.SASITH

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,
               PIN-682031.

      2        THE SUB INSPECTOR OF POLICE
               KADAKAVUR POLICE STATION
               PIN-695306.

      3        GEOLOGIST,
               MINING AND GEOLOGY, THIRUVANANTHAPURAM,
               PIN-695004.


OTHER PRESENT:

               SRI RAMESH CHAND-PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.2095 OF 2021
                                     2




                                ORDER

Dated this the 13th day of April 2021

Petitioner claims to be the owner of a Swaraj Mazda

Super MGV-Tipper, bearing Registration No.KL-10 AP-7082.

The vehicle was seized by the 2nd respondent alleging

violation of the provisions of the Kerala Minor Mineral

Concession Rules, 2015 and the Mines and Minerals

(Development and Regulation) Act, 1957. After seizure, the

petitioner's vehicle was produced before the Judicial First

Class Magistrate Court-I, Varkala. On the basis of an

application submitted by the petitioner under Section 457 of

the Code of Criminal Procedure, the learned Magistrate

issued Annexure A1 order directing release of the vehicle,

subject to conditions.

2. This Crl.M.C is filed aggrieved by condition No.16(1)

in Annexure A1 order, by which the original documents of

the vehicle are directed to be produced before the court to

be retained in court custody and the petitioner to keep a

certified copy of those documents. Annexure A2 is an order

passed by this Court, whereby the conditions similar to CRL.M.C.NO.2095 OF 2021

condition No.16(1) in Annexure A1 were modified. It is

submitted that other similar orders have been issued by

this Court.

3. On the facts of this case and in view of the

earlier orders passed by this Court under similar

circumstances, I am inclined to grant the relief sought for.

In the result, condition No.16(1) in Annexure A1 is

modified as follows:-

"The petitioner shall submit an affidavit undertaking to

produce the original documents of the vehicle bearing

registration No. KL-10 AP-7082 as and when required by

the court along with a notarised copy of the documents of

the vehicle."

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

Sd/-

BECHU KURIAN THOMAS

JUDGE NB/13.04.21 CRL.M.C.NO.2095 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE ORDER IN CRL.MP NO.2498/2021 IN JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VARKALA.

ANNEXURE-A2 THE TRUE COPY OF THE ORDER IN CRL MC.NO.

3429/2020 OF THE HIGH COURT OF KERALA.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A TO JUDGE