Suraj vs State Of Kerala
2023 Latest Caselaw 10004 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     CRL.MC NO. 7266 OF 2023
AGAINST THE ORDER/JUDGMENT IN CMP 6551/2023 OF JUDICIAL FIRST
        CLASS MAGISTRATE COURT - III, ATTINGAL (TEMPORARY)
PETITIONER/PETITIONER/ACCUSED:


            SURAJAGED 35 YEARSS/O RAJU, R.S.BHAVAN, AROOR,
            MULAIKALATHUKAVU, KILIMANOOR, THIRUVANANTHAPURAM,
            PIN - 691536

            BY ADV LATHEESH SEBASTIAN


RESPONDENTS/RESPONDENTS /STATE AND COMPLAINANT:
    1     STATE OF KERALA, REPRESENTED BY PUBLIC
          PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

    2       STATION HOUSE OFFICER, KILIMANOOR POLICE STATION,
            THIRUVANANTHAPURAM DISTRICT, PIN - 691536


OTHER PRESENT:
          RENJITH T.R PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC No.7266 of 2023

                              2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  CRL.MC No.7266 of 2023
          ---------------------------
          Dated this the 18th day of September, 2023

                           ORDER

The petitioner is aggrieved by Annexure 3 order

passed by the Temporary Judicial First Class Magistrate

Court, Attingal by which a petition under Section 451 Cr.PC

is dismissed. The petitioner is the registered owner of the

vehicle bearing registration No.KL-25B-7875. The vehicle

was seized by the Kilimanoor Police in the above crime and

it was produced before the court. It is further stated the

above vehicle is now kept in Kilimanoor Police Station

premises in the open space and if the vehicle is kept in

open space for indefinite period, it may got damaged. The

petitioner submitted that he is ready to produce the same

as and when required and interim custody may be granted.

The learned Magistrate, as per Annexure 3 order, dismissed

the same. Aggrieved by the same, this Crl.MC is filed.

2. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

CRL.MC No.7266 of 2023

3. After going through the impugned order, I am of

the considered opinion that the learned Magistrate erred in

dismissing the petition especially in the light of the principle

laid down by the apex court in Sunderbhai Ambalal

Desai v. State of Gujarat (AIR 2003 SC 638). The apex

court held that powers under Section 451 Cr.P.C should be

exercised expeditiously and judiciously after imposing

appropriate conditions. I am of the considered opinion, the

learned Magistrate can be directed to release the vehicle

after imposing the conditions mentioned in Sunderbhai

Ambalal Desai case (supra).

Therefore, this Criminal Miscellaneous case is allowed

in the following manner:-

          i.     Annexure 3 order is set aside.
          ii.    The   Temporary           Judicial   First      Class

Magistrate Court, Attingal is directed to release the vehicle bearing registration No.KL.25B-7875 after imposing the conditions mentioned in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638).

iii. The petitioner shall not transfer the vehicle without the permission of the court. iv. The petitioner shall not commence any similar offence in future and if such offence is CRL.MC No.7266 of 2023

committed, the Police authorities are free to approach the lower court and the lower court can pass appropriate orders to be possessed the vehicle even though this order is passed by this Court.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng CRL.MC No.7266 of 2023

APPENDIX OF CRL.MC 7266/2023 PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE CITIZEN COPY OF FIR IN CRIME NO.764/2023 OF KILIMANOOR POLICE STATION

Annexure 2 TRUE COPY OF THE PETITION IN C.M.P NO 6551/2023

Annexure 3 TRUE COPY OF THE ORDER OF THE TEMPORARY JFMC, ATTINGAL IN C.M.P NO 6551/2023 DATED 11.08.2023