Bijumon Lukose vs State Of Kerala
2022 Latest Caselaw 4957 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                      CRL.MC NO. 2637 OF 2022
  AGAINST THE ORDER/JUDGMENT IN CMP 104/2022 OF JUDICIAL
          MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM
PETITIONER/PETITIONER:

               BIJUMON LUKOSE
               AGED 41 YEARS
               S/O.LUKOSE,MAVELIKKUZHI HOUSE,
               NADUTHERY, THALAVOOR PO,
               KOLLAM DISTRICT, PIN - 691514
               BY ADV ARUN MATHEW VADAKKAN


RESPONDENTS/STATE/COUNTER PETITIONER:

    1          STATE OF KERALA
               REPRESENTED BY ITS PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031
    2          SUB INSPECTOR OF POLICE
               KUNNIKODE POLICE STATION,
               KOLLAM DISTRICT, PIN - 691508
               BY ADV,ARAVIND.V.MATHEW, PUBLIC PROSECUTOR

        THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.2637 of 2022                2




                       Crl.M.C.No.2637 of 2022
               -----------------------------------------------

                                 ORDER

Petitioner is the registered owner of KL-25-C-7045 JCB

which was seized by the second respondent for alleged illegal

transportation of river sand. Crime No.143 of 2022 was

registered under the provisions of Mines and Minerals

(Regulation of Development) Act, 1957. As per order in

CMP.No.104 of 2022, interim custody of the vehicle was given

to the petitioner. As condition No.1, the sureties were directed

to produce original title deeds of their respective properties,

and to get that condition lifted, the petitioner approached this

court.

2. Heard the learned counsel for the petitioner as

well as the learned Public Prosecutor.

3. The learned counsel for the petitioner

submitted that in the very same crime, two vehicles were

seized and the other vehicle was released as per Annexure A3

order. Similar conditions imposed for releasing the other

vehicle was already lifted by this court.

In that light, this Crl.M.C. is allowed lifting the

condition to produce the original title deeds of the properties of

the sureties for depositing in court. The sureties are directed to

produce the original title deeds before court along with copies

of the same. The court after verifying the copies with the

originals, the original document shall be returned to the

sureties after retaining the copies certified from court. All other

conditions in Annexure A2 is maintained. This Crl.M.C. is

disposed of as above.

Sd/-

SOPHY THOMAS, JUDGE.

Mn





                    APPENDIX OF CRL.MC 2637/2022

PETITIONER ANNEXURES
ANNEXURE A1               TRUE   COPY  OF   THE   CERTIFICATE   OF
                          REGISTRATION     OF      JCB     BEARING
                          REGISTRATION NO.KL-25C-7045
ANNEXURE A2               CERTIFIED COPY OF THE ORDER IN CMP

NO.104/2022 IN CRIME NO.143/2022 OF JUDICIAL MAGISTRATE OF THE I CLASS, PATHANAPURAM ANNEXURE A3 TRUE COPY OF ORDER DATED 5.04.2022 IN CRL.M.C.NO.1816 OF 2022 OF THIS HON'BLE COURT