Jithin Joseph vs State Of Kerala
2023 Latest Caselaw 10196 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA,
                                  1945
                     CRL.MC NO. 6982 OF 2023
     AGAINST THE ORDER/JUDGMENT CRMP 4225/2023 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/S:

             JITHIN JOSEPH
             AGED 29 YEARS
             S/O.JOSEPH, CHAKKITHEZHAM HOUSE, KUNNUMMA DESOM,
             THAKAZHY.P.O., THAKAZHY VILLAGE, ALAPUZHA., PIN -
             688562
             BY ADVS.
             LINDONS C.DAVIS
             E.U.DHANYA
             N.S.SHAMILA
             CHINJU P. JOYIES


RESPONDENT/S:

       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM., PIN - 682031
       2     DISTRICT COLLECTOR, THRISSUR
             COLLECTORATE, AYYANTHOLE, THRISSUR., PIN - 680003
OTHER PRESENT:

             RENJITH TR PP
       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    21.09.2023,   THE   COURT    ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                        -2-
Crl.M.C No. 6982 of 2023



                               P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                 Crl.M.C No. 6982 of 2023
                           =============================================================

                   Dated this the 21st day of September, 2023

                                                 ORDER

This Crl.M.C is filed challenging Annexure A4 order passed by

the Judicial Fist Class Magistrate Court, Chalakudy, by which an

application under Section 451 Cr.P.C is dismissed. The petitioner filed

this application for interim custody of Bharat Benz Tipper Lorry

bearing Reg.No.KL-66/B-2736 involved in Crime No.235 of 2023 of

Koratty Police Station, registered for the offences punishable under

Section 269 IPC and Section 120 (e) of the Kerala Police Act.

2. The allegation is that the petitioner used the vehicle for

dumping waste in public place.

3. Heard the counsel for the petitioner and the Public

Prosecutor.

4. The learned Magistrate dismissed the petition filed under

Section 451 of the Code mainly for the reason that the allegation

against the petitioner is very serious and the learned Magistrate also

Crl.M.C No. 6982 of 2023

observed that considering the spirit of the order of this Court dated

25.05.2023 in W.P.(C). No.7844/2023, the petitioner is not entitled

interim custody. I think there is some force in the above finding of the

learned Magistrate.

5. But, the counsel for the petitioner submitted that the

vehicle is the livelihood of the petitioner and he is ready to comply

any conditions imposed by this Court. It is also submitted that the

vehicle is now parked in an open place and if it is continued to be

there, it will be damaged. The Public Prosecutor opposed the petition

and supported the order passed by the learned Magistrate.

6. After hearing both sides, I think the vehicle can be

released after imposing stringent conditions. In Sunderbhai Ambalal

Desai v. State of Gujarat (AIR 2003 SC 638), the Apex Court held

that powers under Section 451 should be exercised expeditiously and

judiciously after imposing appropriate conditions. I am of the

considered opinion that the Magistrate can be directed to release the

vehicle, after imposing the conditions mentioned in Sunderbhai

Ambalal Desai's case (supra).

Crl.M.C No. 6982 of 2023

Therefore, this Criminal Miscellaneous Case is disposed of in

the following manner:

1. Annexure A4 order is set aside.

2. The Judicial First Class Magistrate Court, Chalakudy is directed to release the vehicle bearing registration No. KL-66/B-2736, after imposing the conditions mentioned in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638).

3. The petitioner shall not transfer the vehicle without the permission of the Court.

4. The petitioner shall not commit similar offence in future and if such offence is committed, the Police Authorities are free to approach the lower court and the lower court can pass appropriate orders to repossess the vehicle even though this order is passed by this Court.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

Crl.M.C No. 6982 of 2023

APPENDIX OF CRL.MC 6982/2023

PETITIONER ANNEXURES Annexure A1 A COPY OF THE FIR NO.235/2023 OF KORATTY POLICE STATION, THRISSUR RURAL DATED 12.03.2023.

Annexure A2 A COPY OF THE CRL.M.P NO.4225/2023 FILED BY THE PETITIONER ON 03.07.2023 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY.

Annexure A3 A COPY OF THE POLICE REPORT DATED 02.08.2023 IN CRIME NO.235/2023 OF KORATTY POLICE.

Annexure A4 A COPY OF THE ORDER IN CRL.M.P NO.4225/2023 DATED 10.08.2023 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY.

Annexure A5 A COPY OF THE INTERIM ORDER IN WP(C) NO.7844/2023 DATED 23.05.2023 OF HON'BLE HIGH COURT.