Vishnu vs State Of Kerala
2021 Latest Caselaw 399 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                      Crl.MC.No.66 OF 2021(G)

  AGAINST THE ORDER/JUDGMENT IN CMP 4714/2019 OF JUDICIAL FIRST
                 CLASS MAGISTRATE COURT, PARAVUR


PETITIONER:

              VISHNU
              S/O. SUJU, ASAN MADAM VEEDU, KOONAYIL CHERRY,
              PARAVUR VILLAGE, KOLLAM TALUK, PIN-691 301

              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-691 013

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


OTHER PRESENT:

              PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.66 OF 2021
                                     2




                               O R D E R

Dated this the 6th day of January 2021

Petitioner claims to be the owner of a

Tipper Lorry bearing Registration No.KL-02-BE-

1247. 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. CRL.M.C.NO.66 OF 2021

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. Annexures A2 is the order

passed by this Court whereby, the conditions

akin to condition No.8 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.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-02-BE-1247 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 CRL.M.C.NO.66 OF 2021

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.66 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE ORDER IN CMP NO.

4714/2019 OF MAGISTRATE COURT I, (TEMPORARY), SOUTH PARAVUR, KOLLAM.

ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL.M.C. NO.

3429/2020 OF HIGH COURT OF KERALA.