Binu.S vs State Of Kerala
2021 Latest Caselaw 16461 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                          CRL.MC NO. 3486 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CMP 31/2021 OF JUDICIAL FIRST CLASS
               MAGISTRATE COURT-I (TEMPORARY), SASTHAMCOTTA
PETITIONER/S:

              BINU.S
              AGED 44 YEARS, S/O SUKUMARAN, PANTHAPLAVIL HOUSE,
              PAVUMBA SOUTH MURI, PAVUMBA VILLAGE.

              BY ADVS.
              R.SUNIL KUMAR
              A.SALINI LAL



RESPONDENT/S:

     1        STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM.

     2        THE INSPECTOR OF POLICE,
              SOORANADU POLICE STATION, KOLLAM DISTRICT.


OTHER PRESENT:

              SR.PP.SRI.T.R.RENJITH




     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 3486 of 2021
                                         2




                                 O R D E R

Dated this the 5th of August 2021

The petitioner is the owner of a tipper lorry bearing

Reg.No.KL-23-E-9286, which was taken into custody by the

Sooranad Police. The petitioner approached the Judicial

First Class Magistrate Court (Temporary), Sasthamcottah and

vide impugned order at Annexure B, the vehicle was released

to him on certain conditions. The petitioner is aggrieved

by the condition that the original documents of the vehicle

shall be kept in the safe custody of the court. The

petitioner has therefore approached this Court for

indulgence; because he will not be able to ply the vehicle

without the original documents, and therefore, seeks

modification of the condition in the order.

Insistence of the learned Magistrate in producing the

original documents of the vehicle does not appear to be

reasonable. Therefore, condition (e) in Annexure B order

shall stand vacated and the petitioner is directed to

produce certified copies of the original documents before Crl.M.C.No. 3486 of 2021

the court for safe custody and the original documents shall

be produced before the court as and when required. With

these observations, the Crl.M.C. is disposed of.

Sd/-

ASHOK MENON JUDGE dkr Crl.M.C.No. 3486 of 2021

APPENDIX OF CRL.MC 3486/2021

PETITIONER ANNEXURE

Annexure A COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING NO:KL-23-E-3286.

Annexure B COPY OF THE ORDER DATED 11.06.2021 IN CMP NO.31/2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I (TEMPORARY), SASTHAMCOTTA.

Annexure C COPY OF THE ORDER DATED 25.03.2021 IN CRL.M.C.NO.1622/2021.