Pradeep vs State Of Kerala
2021 Latest Caselaw 1350 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                      Crl.MC.No.202 OF 2021(E)

AGAINST THE ORDER/JUDGMENT IN CMP 2048/2020 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS, PARAVOOR


PETITIONER:

              PRADEEP
              AGED 35 YEARS
              S/O. PADMAVATHY, ASHANTAZHIKAM VEEDU, MEENADU CHERRY,
              MEENADU VILLAGE, KOLLAM TALUK
              PIN - 691334

              BY ADV. SRI.M.R.SASITH

RESPONDENT/RESPONDENTS:

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

      2       DISTRICT COLLECTOR
              CIVIL STATION, KOLLAM, PIN - 691013

      3       SUB INSPECTOR OF POLICE
              CHATHANNOOR POLICE STATION, KOLLAM, PIN - 691302


OTHER PRESENT:

              PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.202 OF 2021
                                       2




                                O R D E R

Dated this the 13th day of January 2021

Petitioner claims to be the owner of the

M G V Tipper Lorry bearing Registration

No.KL-01-BC-8887. 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 CRL.M.C.NO.202 OF 2021

petitioner complied with the conditions and

the vehicle was released.

2. This Crl.M.C is filed aggrieved by

condition No.4(7)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 a similar order passed by

this Court whereby, conditions akin to

condition No.4(7) 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.4(7) in

Annexure-A1 is modified as follows:-

The petitioner shall submit an affidavit

undertaking to produce the original CRL.M.C.NO.202 OF 2021

documents of the vehicle bearing

registration No.KL-01-BC-8887 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.202 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE ORDER IN CMP NO.2048/2020 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 KERALA