Rakesh vs State Of Kerala
2021 Latest Caselaw 15831 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR. JUSTICE ASHOK MENON

                FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943

                               CRL.MC NO. 3362 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CMP 2060/2020 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS , PARAVOOR, KOLLAM

PETITIONER/S:

                RAKESH
                AGED 35 YEARS
                S/O. RAMACHANDRAN PILLAI, RAJESH BHAVAN, THAZHAM THEKKU,
                CHIRAKKARA VILLAGE, KOLLAM DISTRICT.
                BY ADVS.
                SWAPNA VIJAYAN
                K.V.ANIL KUMAR


RESPONDENT/S:

     1          STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF EKRALA,
                ERNAKULAM 682 031.
     2          THE STATION HOUSE OFFICER
                CHATHANNOOR POLICE STATION, KOLLAM DISTRICT 691 572

    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.MC.No.3362 OF 2021        2




                                  O R D E R

Dated this the 30th day of July 2021

The petitioner is the owner of vehicle No.KL-35 D

8554 which was produced before the Judicial First Class

Magistrate Court, South Paravur and the petitioner

approached the court with an application under section

457 CRPC for release of the vehicle which is a tipper

lorry. The learned magistrate vide order at Annexure-B

allowed the petition and imposed certain conditions.

One of the condition is that the originals of the

documents shall be kept in safe custody of the Court

and the petitioner shall be issued true copy certified

from the Court for all legal and practical purposes. The

petitioner is aggrieved with condition No.7. Hence he

seeks interference of this Court.

2. The vehicle is a tipper lorry and the

petitioner will have to use it for the purpose of making

his livelihood. Without the original documents in

possession, he may not be able to carry on with his

work. Therefore, I find that condition No.7 is not

required and reasonable. The petition is therefore

allowed.

In the result, the Crl.M.C. is allowed.

Condition No.7 in Annexure-B order of the

learned Magistrate shall be modified to the

effect that the petitioner shall obtain a

certified copy and replace the original of the

documents with certified copy and original

documents shall be returned to him.

Sd/-

ASHOK MENON

JUDGE al/-

ANNEXURE OF CRL.M.C.3362/2021

ANNEXURE-A : A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG.NO.KL-35D-8554.

ANNEXURE -B: A TRUE COPY OF THE ORDER DATED 3.11.2020 IN CMP NO.2060/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I(TEMPORARY), S. PARAVUR.

ANNEXURE-C : A TRUE COPY OF THE ORDER DATED 25.3.2021 IN CRL.M.C. NO.1622/2021.

RESPONDENTS EXHIBITS : NIL

TRUE COPY

P.S TO JUDGE

AL/-