Abdul Shaheen vs State Of Kerala
2023 Latest Caselaw 10228 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. 6773 OF 2023
 AGAINST THE ORDER/JUDGMENT CMP 5406/2023 OF JUDL.M.F.C.-
                            I,ERNAKULAM
PETITIONER/S:

           ABDUL SHAHEEN, AGED 32 YEARS
           S/O MOIDEEN, PANDARAPARAMBU HOUSE, PANAYAPPILLY,
           EDAKOCHI, ERNAKULAM, PIN - 682002
           BY ADV ARJUN S.


RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, PIN - 682031
     2     STATION HOUSE OFFICER
           MULAVUKAD POLICE STATION, MULAVUKAD, ERNAKULAM,
           PIN - 682504
OTHER PRESENT:

           HRITWICK CS 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. 6773 of 2023



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

                                 Crl.M.C No. 6773 of 2023
                           =============================================================

                   Dated this the 21st day of September, 2023

                                                 ORDER

This Crl.M.C is filed challenging Annexure B order by which

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

filed this application for interim custody of Mahindra Mini Tanker

Lorry bearing Reg.No.KL-18/G-3876 involved in Crime No.1045 of

2023 of Mulavukad 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 on the side of Gosree road at Mulavukad Village near

DP World.

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

Crl.M.C No. 6773 of 2023

against the petitioner is very serious and the learned Magistrate also

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

Crl.M.C No. 6773 of 2023

vehicle, after imposing the conditions mentioned in Sunderbhai

Ambalal Desai's case (supra).

Therefore, this Criminal Miscellaneous Case is disposed of in

the following manner:

1. Annexure B order is set aside.

2. The Judicial First Class Magistrate Court-I, Ernakulam is directed to release the vehicle bearing registration No. KL-18/G-3876, 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. 6773 of 2023

APPENDIX OF CRL.MC 6773/2023

PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE FIR IN CR.NO.1045/2023 OF MULAVUKAD POLICE STATION DTD 01.07.2023 Annexure B CERTIFIED COPY OF THE ORDER OF THE HON'BLE JFCM-I COURT, ERNAKULAM DTD 26.07.2023 IN CMP.NO.5406/2023 Annexure C A TRUE COPY OF THE LICENCE NO.KMCSW2023038 HAVING VALIDITY TILL 31.03.2024