Pradeep vs State Of Kerala
2021 Latest Caselaw 13524 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE ASHOK MENON
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     CRL.MC NO. 2879 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CMP 2517/2020 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS, KAYAMKULAM, ALAPPUZHA
PETITIONER/S:

           PRADEEP
           AGED 32 YEARS
           S/O.GOMATHI, ALINTE VADACKETHIL, VALLIKUNNAM P.O.,
           MAVELIKARA-690 501.

           BY ADV M.R.SASITH



RESPONDENT/S:

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

    2      STATION HOUSE OFFICER,
           VALLIKUNNAM POLICE STATION, REPRESENTED BY THE
           PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682
           031.


OTHER PRESENT:

           SR.PP.SMT.REKHA.C.NAIR



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.MC 2879/2021

                                       2




                             ASHOK MENON, J.
                         ------------------------------------
                           Crl.MC No.2879 of 2021
                        -------------------------------------
                    Dated this the 1st day of July, 2021


                                  ORDER

The petitioner is the registered owner of the vehicle bearing Regn.No.KL-31-E-6336, which is involved in a case under the MMDR Act. The vehicle was seized and the seizure was reported to the Judicial First Class Magistrate's Court, Kayamkulam. The petitioner had approached the Magistrate's Court for getting the release of the vehicle under Section 457 Cr.PC and the learned Magistrate vide Annexure-A1 order dated 28.12.2020 allowed release of the vehicle on certain conditions. The petitioner is aggrieved by condition No.6, which states that the original documents of the vehicle shall be kept in the custody of the court and the petitioner shall be issued with a certified copy from the court for all legal and practical purposes. He has, therefore, approached this Court for modification of the said condition.

2. The petitioner states that he intends to ply the vehicle, which is a tipper lorry. If it is kept idle, there is every possibility of it Crl.MC 2879/2021

being spoiled exposing it to sun and rain. He may not be able to ply the vehicle without the original documents in his possession.

3. After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I find that condition No.6 is unreasonable, and therefore, it has to be modified.

4. In view of the above, the Crl.MC is allowed and it is directed that original documents of the vehicle shall be returned to the petitioner with an undertaking that the same shall be produced as and when called for, and certified copies of those documents shall be kept in the court. Condition No.6 in Annexure-AI order is modified as above. The other conditions are retained.

Sd/-

ASHOK MENON JUDGE jg Crl.MC 2879/2021

APPENDIX OF CRL.MC 2879/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF THE ORDER IN CMP NO.2517/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM DATED 28.12.2020.

Annexure A2 TRUE COPY OF THE ORDER IN CRL. MC NO.538/2020 OF HIGH COURT OF KERALA.

Annexure A3 TRUE COPY OF THE ORDER IN CRL.MC NO.3429/2020 OF HIGH COURT OF KERALA.