Kerala High Court
Joby Mathai vs State Of Kerala on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021/22ND MAGHA,1942
OP(Crl.).No.75 OF 2021
AGAINST THE JUDGMENT IN CMP 1100/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I MUVATUPUZHA
PETITIONER:
JOBY MATHAI
AGED 38 YEARS
S/O. MATHAI, OLANGATTU HOUSE, WEST MORAKKALA KARA,
KUMARAPURAM P.O., KUNNATHUNADU TALUK, KUNNATHUNADU
VILLAGE, PERUMBAVOOR, PIN-683 565
BY ADVS.
DR.SEBASTIAN CHAMPAPPILLY
SRI.P.A.SAINUDEEN
DR.ABRAHAM P.MEACHINKARA,SC,NCTE
SRI.GEORGE CLEETUS
MARGARET MAUREEN D ROSE
RESPONDENT/S:
1 STATE OF KERALA
REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
2 THE SUB INSPECTOR OF POLICE,
MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT,PIN-
686 661
SR.PP.C.S.HRITHWIK
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl)No.75/2021 2
V.G.ARUN, J.
===========================
O.P(Crl)No.75 of 2021
===========================
Dated this the 11th day of February, 2021
JUDGMENT
Petitioner claims to be the owner of a Bharat Benz HGV-
Tipper Lorry bearing registration No.KL-40-L-8078. 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-I, Muvattupuzha. On the
basis of an application submitted by the petitioner under Section
457 of the Code of Criminal Procedure, the learned Magistrate
issued Ext.P2 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.(d)in
paragraph 6 of Ext.P2 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.
Ext.P3 is the order passed by this Court, whereby, the condition
akin to condition No.(d)in paragraph 6 of Ext.P2 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.(d) in paragraph 6 of
Ext.P2 is modified as follows:-
The petitioner shall submit an affidavit undertaking to
produce the original documents of the vehicle bearing
registration No.KL-40-L-8078 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 O.P(Cr) is allowed as above.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF THE BHARAT BENZ HGV TIPPER
BEARING REGISTRATION NO.KL-40-L-8078
EXHIBIT P2 TRUE COPY OF THE ORDER IN CMP NO.1054 OF
2020 DATED 23.10.2020 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, MUVATTUPUZHA
EXHIBIT P3 TRUE COPY OF THE ORDER IN CMP NO.1100 OF
2020 DATED 9.11.2020 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, MUVATTUPUZHA
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN O P (CRIMINAL)
NO.146 OF 2020 DATED 2.3.2020
