Saju.K vs State Of Kerala
2021 Latest Caselaw 4185 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.679 OF 2021(D)

  AGAINST THE JUDGMENT IN CMP 4765/2019 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT, PARAVUR


PETITIONER:

               SAJU.K
               AGED 34 YEARS
               THENGUVILA VEEDU, KARIMPALLOOR, PUTHENKULAM,
               PARIPPALLY VILLAGE, KOLLAM PIN 691 574

               BY ADV. SRI.M.R.SASITH

RESPONDENTS:

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

      2        DISTRICT COLLECTOR
               CIVIL STATION, KOLLAM, PIN 691 013

      3        SUB INSPECTOR OF POLICE
               PARIPPALLY POLICE STATION, KOLLAM PIN 691 574


               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 679/2021                          2




                                V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.679 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-24-B-7829. 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(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 A1 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.8 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 order passed by this Court, whereby, the condition akin

to condition No.8 in Annexure A1 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.8 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-24-B-7829 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 A1 TRUE COPY OF THE ORDER IN CMP NO.4765/2019 OF MAGISTRATE COURT I (TEMPORARY), SOUTH PARAVUR, KOLLAM

ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL.MC NO.3429/2020 OF HIGH COURT OF KERALA.