Jestin John vs State Of Kerala
2021 Latest Caselaw 4182 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       Crl.MC.No.668 OF 2021(C)

  AGAINST THE JUDGMENT IN CMP 2877/2019 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT, PARAVUR


PETITIONER:

               JESTIN JOHN
               AGED 46 YEARS
               S/O.JOHN, JILI BHAVAN, VELICHIKKALA CHERRY,
               ADICHANALLOOR VILLAGE, KOLLAM DISTRICT.

               BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENTS:

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

      2        THE SUB INSPECTOR OF POLICE,
               PARIPPALLY POLICE STATION, KOLLAM DISTRICT.




               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 668/2021                          2

                                    V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.668 of 2021
                ===========================
                  Dated this the 4th day of February, 2021

                                     ORDER

Petitioner claims to be the owner of a Tipper Lorry

bearing registration No.KL-29-B-5200. 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(Temporary), South Paravur. On the basis

of an application submitted by the petitioner under Section 457

of the Code of Criminal Procedure, the learned Magistrate issued

Annexure B order directing release of the vehicle, subject to

conditions. The petitioner complied with the conditions and the

vehicle was released.

2. This Crl.M.C is filed aggrieved by condition No.7 in

Annexure B 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 C

is the order passed by this Court, whereby, the condition akin to

condition No.7 in Annexure B was 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.7 in Annexure B is

modified as follows:-

The petitioner shall submit an affidavit undertaking to

produce the original documents of the vehicle bearing

registration No. KL-29-B-5200 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

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG. NO.KL-29-B 5200.

ANNEXURE B A TRUE COPY OF THE ORDER DATED 28.5.2019 IN C.M.P.NO.2877/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), S.PARAVUR.

ANNEXURE C A TRUE COPY OF THE ORDER DATED 16.1.2020 IN CRL.M.C.370/2020.