Athira M vs State Of Kerala
2024 Latest Caselaw 11359 Ker

Kerala High Court

Athira M vs State Of Kerala on 19 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
     FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                        CRL.MC NO. 3625 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 08.04.2024 IN CMP NO.2082 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONER/S:

          ATHIRA M
          AGED 27 YEARS
          W/O.SHARUN P.K., PALAKKEEL KALIYATH HOUSE, PATTUVAM,
          ARIYIL P.O., THALIPARAMBA, KANNUR DISTRICT, PIN -
          670141
          BY ADV BABU S. NAIR


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          ERNAKULAM, KOCHI, PIN - 682031
    2     THE STATION HOUSE OFFICER
          PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR
          DISTRICT, PIN - 670503
OTHER PRESENT:

          SRI.G.SUDHEER, P.P.


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C.No.3625 of 24
                                       2




                         C. PRATHEEP KUMAR J.
             --------------------------------------
                    CRL.M.C.NO. 3625 OF 2024
            ---------------------------------------
              Dated this the 19th day of April, 2024

                                O R D E R

This is an application filed by the petitioner

for releasing the mini lorry bearing No.KL-59-G-3720,

seized by Pariyaram Medical College Police Station.

2. The application was opposed by the learned

Public Prosecutor on the ground that confiscation

proceedings are going on before the Sub Divisional

Magistrate.

3. However, considering the fact that the mini

lorry is kept idle since it has been confiscated, I

hold that interim custody of the same can be released

to the petitioner, who is the registered owner on

strict conditions subject to confiscation proceedings.

In the result, this application is allowed

subject to the following terms:

1. The petitioner shall execute a bond for

Rs.5,00,000/- (Rupees five lakh only) with two

solvent sureties for the like sum to the

satisfaction of the trial court. He shall produce

the excavator before the trial court/Sub Divisional

Magistrate as and when called for, in same

condition.

2. Release of the mini lorry will be subject to all

further legal proceedings including confiscation, if

any.

Sd/-

C.PRATHEEP KUMAR JUDGE SM

PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE ORDER PASSED BY THE J.F.C.M., PAYYANNUR IN C.M.P.NO.2082/2024 DATED, 8-4-2024