Kerala High Court
Nadeshan vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 2558 OF 2024
CRIME NO.796/2023 OF Alathur Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED 04.10.2023 IN CC NO.569 OF 2023
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONER/PETITIONER:
NADESHAN
S/O PICHAI, RESIDING AT 3/33A, MARIAMMAN STREET,
THUTHUR P.O, ARIYALLUR, TAMIL NADU, PIN - 629176.
BY ADVS.
P.T.SHEEJISH
HARIKIRAN
A.ABDUL RAHMAN
PARVATHY S. MANOJ
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
ALATHUR POLICE STATION, ALATHUR, PALAKKAD DISTRICT, .,
PIN - 678541
SMT. SREEJA V. (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2558 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 2558 of 2024
----------------------------------------
Dated this the 11th day of April, 2024
ORDER
Petitioner is the owner of a vehicle bearing registration No.
TN-43-D-5715 which was seized on 16-07-2023 allegedly for
dumping toilet waste on public property. The application filed by
the petitioner's Crl.M.P.No. 3906/2023 in C.C.No. 569 of 2023 for
release of the vehicle has been rejected by the impugned order.
2. I have heard Sri. P.T.Sheejish, the learned counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
3. In the order of the Division Bench of this Court in W.P.(C)
7844/2023 it was directed that the vehicles found dumping waste
on public property shall not be released without getting
permission from the Court. Petitioner's vehicle was found
allegedly dumping waste on 16-07-2023 at 3 am. The vehicle has
been under custody since the said date.
4. Since the Supreme Court had in Sunderbhai Ambalal
Desai v. State of Gujarat (2002) 10 SCC 283, directed that
vehicles should not be kept in police stations causing damage to
it, I am of the view that further detention of the vehicle during the
CRL.MC NO. 2558 OF 2024
pendency of the trial is not necessary, but strict conditions will
have to be imposed to ensure that the vehicle does not indulge in
repeating the commission of similar offences.
5. Accordingly, this Crl.M.C is allowed, the vehicle of the
petitioner is directed to be released on following the conditions:
(I) Petitioner shall execute a bond for Rs.50,000 with two
solvent sureties for the like sum to the satisfaction of the
jurisdiction court.
(ii) Petitioner shall not indulge in the commission of similar
offences using the vehicle.
(iii) Petitioner shall not sell, alienate, or transfer the vehicle
during the pendency of the crime.
(iv) If the petitioner commits similar offences, the investigating
Officer shall be free to repossess the vehicle immediately.
The Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 2558 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE TAX REMITTANCE
RECEIPT ISSUED BY TRANSPORT
DEPARTMENT, TAMIL NADU DATED
16/7/2023.
Annexure A2 TRUE COPY OF THE TAX PERMIT RECEIPT
ISSUED BY THE MOTOR VEHICLES
DEPARTMENT, GOVERNMENT OF KERALA
DATED 16/7/2023.
Annexure A3 TRUE COPY OF THE FIR IN CRIME
NO.796/2023 OF ALATHUR POLICE
STATION.
Annexure A4 TRUE COPY OF THE PETITION FILED BY
THE PETITIONER IN CRL.M.P NO.
3906/2023 DATED 25.09.2023 BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATES
COURT - I, ALATHUR.
Annexure A5 THE FREE COPY OF THE ORDER DATED
04.10.2023 ISSUED BY THE JUDICIAL
FIRST CLASS MAGISTRATES COURT - I,
ALATHUR IN CRL.M.P NO. 3906/2023.
