Jijas T.R vs State Of Kerala
2021 Latest Caselaw 3978 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      Crl.MC.No.630 OF 2021(G)

AGAINST THE ORDER/JUDGMENT IN CMP 3327/2019 OF JUDICIAL MAGISTRATE
                OF FIRST CLASS - I, KARUNAGAPPALLY


PETITIONER:

              JIJAS T.R.
              AGED 28 YEARS
              S/O. THANGALKUNJ, JINSU VENGA P.O, SASTHAMCOTTAH,
              MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK - 690 519

              BY ADV. SRI.M.R.SASITH

RESPONDENT:

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

      2       THE TAHSILDAR,
              TALUK OFFICE, KARUNAGAPPALLY 690 518

      3       SUB INSPECTOR OF POLICE,
              KARUNAGAPPALLY POLICE STATION, KARUNGAPPALLY 690 518


OTHER PRESENT:

              PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.630 OF 2021
                                     2




                               O R D E R

Dated this the 3rd day of February 2021

Petitioner claims to be the owner

of Eicher 10.80 MGV Tipper Lorry bearing

Registration No.KL-57-D-307. The vehicle

was seized by the 3rd 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,

Karunagappally. 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. The CRL.M.C.NO.630 OF 2021

petitioner complied with the conditions

and the vehicle was released.

2. This Crl.M.C is filed aggrieved

by condition No.5(f)in Annexure-A1 order,

directing the original documents produced

before the court to be retained in court

custody and to issue true certified copies

of those documents to the petitioner.

Annexure A2 is the similar order passed by

this Court whereby, conditions akin to

condition No.5(f) in Annexure-A1 were

modified.

3. On the facts of this case and

in view of the earlier order passed by

this Court under similar circumstances,

I am inclined to grant the relief sought.

In the result, condition No.5(f)

in Annexure- A1 is modified as follows:-

The petitioner shall submit an

affidavit undertaking to produce the CRL.M.C.NO.630 OF 2021

original documents of the vehicle bearing

registration No.KL-57-D-307 as and when

required by the court. On submission of

such affidavit, the original documents of

the vehicle kept in the safe custody of

the court shall be released to the

petitioner, after substituting those

documents with certified copies.

The Crl.M.C is allowed as above.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.630 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE ORDER IN CMP NO. 3327/2019 OF MAGISTRATE OF THE FIRST CLASS COURT, KARUNAGAPPALLY

ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL.M.C NO.

3429/2020 OF HIGH COURT OF KERALA DTD 28- 07-2020