Latheesh Kumar K G vs State Of Kerala
2021 Latest Caselaw 13275 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE ASHOK MENON
  THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                     CRL.MC NO. 2808 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CMP 142/2020 OF JUDL. MAGI.
        OF FIRST CLASS-III, KOTTAYAM, DATED 6.2.2021
PETITIONER/S:

         LATHEESH KUMAR K G
         AGED 35 YEARS
         S/O. GOPI, KADAPLACKAL HOUSE, AYARKUNNAM P.O,
         KOTTAYAM DISTRICT (OWNER OF TIPPER LORRY BEARING
         REGISTRATION NO. KL-05-AG-4466)

         BY ADV P.M.ZIRAJ


RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH
         COURT OF KERALA AT ERNAKULAM 682 031

    2    THE SUB INSPECTOR OF POLICE
         AYARKUNNAM POLICE STATION, KOTTAYAM DISTRICT 686
         564


OTHER PRESENT:

         SMT.M.K.PUSHPALATHA,PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.MC 2808/2021

                                       2




                              ASHOK MENON, J.
                   ------------------------------------
                           Crl.MC No.2808 of 2021
               -------------------------------------
                     Dated this the 24th day of June, 2021



                                  ORDER

The petitioner is the owner of a tipper lorry bearing

Regn.No.KL-05-AG-4466. He approached the Magistrate's

Court for getting release of the vehicle and the learned

Magistrate vide Annexure-I order directed release of the

vehicle on certain conditions. Condition No.5 is that the

original documents of the vehicle shall be kept in safe custody

in the court and a true copy certified from the court will be

issued to the petitioner for all legal and practical purpose.

The vehicle was allegedly seized by the police for

violation of the provisions of the MMDR Act, 1957 and the

Rules framed there under. The application for release of the Crl.MC 2808/2021

vehicle was already allowed. But the Magistrate insisted on

retaining the RC book of the vehicle. This condition does not

appear to be proper because the vehicle cannot be plied with

just a substitute RC book. The original always should be with

the possession of the owner. The original RC book of the

vehicle shall therefore be returned to the petitioner, after

retaining a certified copy thereof in the court. Condition No.5

in Annexure-I order is modified as above. There are other

conditions, which need to be followed and those conditions are

retained.

With these observations, the Crl.MC is allowed.

Sd/-

ASHOK MENON JUDGE jg Crl.MC 2808/2021

APPENDIX OF CRL.MC 2808/2021

PETITIONER ANNEXURE

Annexure 1 TRUE COPY OF THE ORDER DATED 06-02-2020 IN CMP NO 142/2020 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT- III, KOTTAYAM.

Annexure 2 TRUE COPY OF THE ORDER DATED 16-1-2020 IN CRL.M.C NO 371/2020 OF THIS HONOURABLE COURT.

Annexure 3 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 16-12-2019 IN CRL.M.C NO. 8474 OF 2019