Nishan Anvar vs State Of Kerala
2021 Latest Caselaw 18370 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
     TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          CRL.MC NO. 3779 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CMP 1169/2021 OF JUDL. FIRST CLASS
                 MAGISTRATAE COURT, KALAMASSERY, ERNAKULAM
PETITIONER/PETITIONER:

            NISHAN ANVAR
            AGED 32 YEARS,S/O. KOYASSAN CHETTU KUZHIYIL, RESIDING AT
            CHETTU KUZHIYIL, DARUSSALAM, KARANTHUR P.O.,
            KUNNAMANGALAM, KOZHIKODE DISTRICT-673571, REPRESENTED BY
            HIS POWER OF ATTORNEY HOLDER, ABOOBACKER M.M., AGED 71,
            S/O. MEETHIYAN, MANAKKADAN HOUSE, FERRY ROAD NORTH,
            ERNAKULAM-683 104.

            BY ADVS.
            P.MOHAMED SABAH
            LIBIN STANLEY
            SAIPOOJA
            R.GAYATHRI
            SADIK ISMAYIL
            M.MAHIN HAMZA


RESPONDENTS/COMPLAINANT:

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

     2      STATION HOUSE OFFICER
            KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM
            DISTRICT, PIN-682 033.


OTHER PRESENT:

            SR.PP - SRI. HRITHWIK C.S.


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
07.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.3779/2021                          2

                                         ORDER

Challenging the correctness of Annexure-2 order dated 04.8.2021 of the

Judicial First Class Magistrate Court, Kalamassery the petitioner, who is the

registered owner of an Innova car bearing Regn.No.KL-7BR-3176, has

moved this Court under Section 482 of the Code of Criminal Procedure.

2. Broad facts of the case are that accused persons used the said

Innova car for committing the alleged offence. On the basis of the allegations

the police registered the crime against accused 1 and 2 alleging offence under

Sections 323, 307 r/w 34 IPC. The precise allegation is that accused persons

had chased the motor cycle ridden by the defacto complainant/injured and

rammed against the said motor cycle and hit him down causing serious

injuries which led to the registration of the crime. During the course of

investigation, the police seized the car and an application under Section 451

of the Cr.P.C. was filed before the jurisdictional court seeking interim custody

of the vehicle. Considering the fact that the vehicle was used for the purpose

of commission of the crime, the learned Magistrate dismissed the petition and

that is how this Crl.M.C. was moved.

3. I heard the learned counsel for the petitioner and also the learned

Senior Public Prosecutor.

4. According to the learned Public Prosecutor, the said vehicle is a

material object. All the same, the reasons stated by the learned Magistrate for

rejecting the application is that the petitioner may alter the vehicle or transfer

the same and that it may not be made available at the time of trial. It is true

that the vehicle which is the subject matter of the crime is virtually a material

object. Bu the apprehension raised by the learned Magistrate can be obviated

by imposing appropriate conditions. It is not advisable to keep a motor

vehicle in police station premises exposed to sun and shower, which may

ultimately lead to national waste. Therefore, it is only just and proper to

release the vehicle to the petitioner on imposing following conditions,

ensuring its production at the time of trial:

1. The vehicle can be released to the petitioner on his executing bond for Rs.15,00,000/- (Rupees Fifteen lakhs only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court;

2. He shall not transfer or alienate the vehicle or handover its possession to third parties until further orders;

3. He shall not alter or change the colour or other characters of the vehicle;

4. He shall upkeep and maintain the vehicle in proper condition

remitting tax due to the State and paying insurance charges etc;

5. He shall produce the vehicle before Court as and when necessary.

The Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL JUDGE okb/7.9 //True copy// P.S. to Judge

APPENDIX OF CRL.MC 3779/2021

PETITIONER ANNEXURE

Annexure 1 TRUE COPY OF THE ORDER DATED 17.6.2021 IN B.A.NO.3599/2021 OF HON'BLE HIGH COURT OF KERALA.

Annexure 2 CERTIFIED COPY OF THE ORDER DATED 4.8.2021 IN C.M.P. NO.1169/2021 PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY.