Kerala High Court
Rajesh. P. S vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 1735 OF 2024
CRIME NO.69/2024 OF VELLATHOOVAL POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 16.02.2024 IN CMP NO.608 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, (MUNSIFF MAGISTRATE
COURT) ADIMALI
PETITIONER(S)/4TH ACCUSED:
RAJESH. P. S.
AGED 43 YEARS
S/O. SOMAN, PADINJARE PULIKKATHARA HOUSE,
THANNEERMUKKOM NORTH VILLAGE, THANNEERMUKKAM P.O.,
CHERTHALA, ALAPPUZHA., PIN - 688555
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
ATHUL M.V.
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
VELLATHOOVAL POLICE STATION, IDUKKI., PIN - 685563
BY ADV.
SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.1735 of 2024
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.1735 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous Case is filed under
Section 482 of the Code of Criminal Procedure, 1973
("the Code" for the sake of brevity).
2. Petitioner is the registered owner of a tanker
lorry bearing Registration No.KL-32-N-4825. On
30.01.2024, the afore said vehicle was taken into
custody by the 2nd respondent on the allegation that
waste water loaded in the said tanker from a septic tank
was drained off near a waterbody. Crime No.69/2024
was registered alleging offences punishable under
Section 269 r/w 34 IPC as well as Section 120 (e) of the
Kerala Police Act. The petitioner being the owner of the
vehicle, was implicated as the 4th accused in the crime.
It is the case of the petitioner that, he was not aware of
the transportation of the septic tank waste and its
unloading which is the subject matter of the crime.
Petitioner filed Annexure A3 application for interim
custody of the vehicle before the Judicial First Class
Magistrate Court, Adimaly and the court below rejected
the prayer to release the tanker lorry vide Annexure A4
order. Aggrieved by the same, this Crl.M.C is filed.
3. The learned Magistrate dismissed the petition
filed under Section 451 of the Code mainly for the
reason that the allegation against the accused is very
serious and the learned Magistrate also observed that
considering the spirit of the order of this Court 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.
4. 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.
5. 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).
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, Adimaly is
directed to release the vehicle bearing
registration No.KL-32-N-4825, 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
DM
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE TANKER LORRY
BEARING REG. NO. KL-32-N-4825.
ANNEXURE A2 TRUE COPY OF THE FIR DATED 30.01.2024
IN CRIME NO. 69/2023 OF VELLATHOOVAL
POLICE STATION.
ANNEXURE A3 TRUE COPY OF THE PETITION DATED
07.02.2024 FILED AS C. M. P. NO.
608/2024 FILED IN CRIME NO. 69/2024
OF VELLATHOOVAL POLICE STATION BEFORE
THE JFCM COURT, ADIMLAY.
ANNEXURE A4 TRUE COPY OF THE ORDER DATED
16.02.2024 IN C. M. P. NO. 608/2024
ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, ADIMALY.
ANNEXURE A5 TRUE COPY OF THE INTERIM ORDER DATED
07.07.2023 IN W. P. (C). NO.
7844/2023 PASSED BY THIS HON'BLE
COURT.
ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED
18.02.2020 IN CRL. M. C. NO.
1391/2020 PASSED BY THIS HON'BLE
COURT.
ANNEXURE A7 TRUE COPY OF THE JUDGMENT DATED
18.08.2023 IN CRL. M. C. NO.
2042/2023 PASSED BY THIS HON'BLE
COURT.
ANNEXURE A8 TRUE COPY OF THE JUDGMENT DATED
01.11.2023 IN CRL. M. C. NO.
8452/2023 PASSED BY THIS HON'BLE
COURT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
