Vineesh Vijayan vs State Of Kerala
2021 Latest Caselaw 5604 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       Crl.MC.No.894 OF 2021(B)

AGAINST THE JUDGMENT IN CMP 2110/2020 DATED 30-11-2020 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS , PARAVOOR


PETITIONER:

               VINEESH VIJAYAN
               AGED 35 YEARS
               S/O.VIJAYAN, VISJESH NIVAS, PAIKULAM, EDAVA,
               CHIRAYINKEEZHU, THIRUVANANTHAPURAM PIN 695 101

               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.



               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 894/2021                          2

                                    V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.894 of 2021
                ===========================
                  Dated this the 16th day of February, 2021

                                     ORDER

Petitioner claims to be the owner of a Tipper Lorry

bearing registration No.KL-04-W-2977. 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, Kollam. 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.G in

paragraph 5 of 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.G in paragraph 5 of

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.G in paragraph 5 of

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-04-W-2977 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.2110/2020 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 KEARLA.