Ann Maria Joseph vs State Of Kerala
2021 Latest Caselaw 12039 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                    Crl.MC.No.1706 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN CMP 1084/2021 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS-I,PALA


PETITIONER/PETITIONER:

             ANN MARIA JOSEPH, AGED 31,
             D/O. JOSEPH C. V., CHERUVANKALAYIL HOUSE,
             KURUPANTHARA P. O., KOTTAYAM - 686603.

             BY ADVS.
             SRI.M.R.SASITH
             SRI.M.R.SARIN

RESPONDENTS/RESPONDENTS:

      1      STATE OF KERALA, REPRESENTED BY THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA,
             PIN - 682 031.

      2      STATION HOUSE OFFICER
             MARANGATTUPALLY POLICE STATION,
             KOTTAYAM, PIN - 686635.

      3      GEOLOGIST, DISTRICT OFFICE,
             DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION
             KOTTAYAM, PIN - 686 002


             SRI C M KAMMAPPU-SR PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1706 OF 2021(C)                2




                                        ORDER

Condition No.1 in Annexure A3 order passed by

the Judicial Magistrate of First Class-I, Pala, in

C.M.P.No.1084 of 2021, reads as follows:

"1. SHO, Marangattuppally shall make sure

that ordinary earth, if any, in the tipper

shall be unloaded at the very place from which

it was extracted."

2. The said condition, according to the

petitioner, is unworkable and is made without

reference to the reality of the case in dispute.

The learned counsel for the petitioner contends

that it was not ordinary earth that was being

transported in the lorry but that it was granite

and that, to deposit the same at the place of

extraction is practically impossible and does not

serve any purpose. It is also pointed out that the

petitioner is ready to unload the materials in the

lorry either at Marangattupally Police Station or

in a nearby crusher unit by name St.Mary's Crusher

Unit.

3. Taking not of the above, it can be seen that

the submissions of the petitioner are reasonable

and justifiable as no purpose will be served by

unloading the granite already extracted from the

ground at the place of extraction. However, it is

necessary that the site of deposit/unloading shall

be reconsidered by the learned Magistrate

especially since the condition in Annexure A3 order

as extracted above proceeds on an assumption that

the same was ordinary earth.

4. In the circumstances, I set aside condition

No.1 in Annexure A3 order and direct the Judicial

Magistrate of First Class-I, Pala to reconsider

condition No.1 in C.M.P.No.1084 of 2021 and impose

a fresh condition taking into consideration the

observations herein.

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

Sd/-

BECHU KURIAN THOMAS

JUDGE MSP

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE PETITION FILED UNDER SECTION 457 OF CRIMINAL PROCEDURE CODE FOR INTERIM CUSTODY OF HIS VEHICLES BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, PALA DATED 26.02.2021.

ANNEXURE A2 TRUE COPY OF REPORT FILED BY 2ND RESPONDENT DATED 01.02.2021.

ANNEXURE A3 TRUE COPY OF THE ORDER IN CMP NO.1084/2021 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE I, PALA DATED 01.03.2021.

ANNEXURE A4 TRUE COPY OF THE NEWSPAPER REPORT DATED 28.01.2021 MALAYALA MANORAMA.

//TRUE COPY//

P.A. TO JUDGE