Somarajan vs State Of Kerala Represented By ...
2022 Latest Caselaw 5183 Ker

Crl.M.C.No.2672/2022                 1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
                       CRL.MC NO. 2672 OF 2022
PETITIONER/PETITIONER:

            SOMARAJAN
            AGED 52 YEARS
            SON OF NARAYANAN, KOLAVARAYIKKAL HOUSE,
            NELLIKKATTIRI P.O., PATTAMBI TALUK, PALAKKAD
            DISTRICT, (OWNER OF A TIPPER LORRY BEARING
            REGISTRATION NO. KL-52-E-1036), PIN - 679533

            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ



RESPONDENTS/RESPONDENTS:

     1      STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
            HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,
            PIN - 682031

     2      THE SUB INSPECTOR OF POLICE
            CHALISSERY POLICE STATION, PALAKKAD DISTRICT,
            PIN - 679536

     3      THE DISTRICT GEOLOGIST
            DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD,
            PIN - 678001


OTHER PRESENT:

              SMT. REKHA.S SR.P.P


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2672/2022                       2

                                   ORDER

Petitioner approached this Court challenging Annexure-3 order

through which the application filed by the petitioner under Section 457 of

the Cr.P.C. has been decided by the Judicial Magistrate of First Class,

Pattambi.

2. The learned counsel for the petitioner submits that condition

No.8 is illegal and unsustainable. It is submitted that the case of the

prosecution is saved by imposing condition Nos.1 to 7. It is submitted that

even if the petitioner decides to compound the offence, the offence can be

compounded by payment of Rs.25,000/- and the condition No.8 to deposit

Rs.1 lakh as security for the fulfillment of condition Nos.1 to 7 is

unreasonable and arbitrary.

3. The learned Public Prosecutor points out the circumstances of

the case appearing from the record. However, it is not disputed that the

offence against the petitioner can be compounded on payment of

Rs.25,000/-.

4. Having regard to the facts and circumstances of the case and

considering the fact that in respect of an offence which can be compounded

by payment of Rs.25,000/-, the learned Magistrate has imposed a condition

that the petitioner shall deposit of a sum of Rs.1 lakh as security for

fulfillment of condition Nos.1 to 7, I am of the opinion that there is merit in

the contention raised by the learned counsel for the petitioner.

Accordingly, Crl.M.C. will stand allowed and condition No.8 in

Annexure-3 order in C.M.P.No.1673/2022 on the file of the Judicial

Magistrate of First Class, Pattambil will stand set aside. The petitioner shall

comply with all other conditions imposed under that order.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF CRL.MC 2672/2022

PETITIONER ANNEXURES

Annexure1 TRUE COPY OF THE SEIZURE MAHASAR IN CONNECTION WITH THE SEIZURE OF VEHICLE OF PETITIONER DATED 11.3.2022 PREPARED BY THE SECOND RESPONDENT

Annexure2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.3.2022 IN WPC NO.9912/2022

Annexure3 TRUE COPY OF THE ORDER DATED 7.4.2022 IN CMP NO.1673/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI, PALAKKAD DISTRICT

Annexure4 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 27.10.2021 IN CRL.M.C.NO.5035/2021