Kerala High Court
Pius Clement 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. 3313 OF 2024
CRIME NO.560/2024 OF PALLURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 26.03.2024 IN CMP NO.715
OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI
PETITIONER(S)/PETITIONER:
PIUS CLEMENT
AGED 52 YEARS, S/O JOSEPH, PANICKAVEETTIL HOUSE,
PERUMPADAPPU, PALLURUTHY.P.O, KOCHI,
ERNAKULAM DISTRICT, PIN - 682 006
BY ADVS.
T.P.SANTHOSH KUMAR
C.H.ABDUL RASAC
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
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.3313 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.3313 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous Case is filed
challenging Annexure-2 order by which an application
under Section 451 Cr.P.C. is dismissed.
2. The petitioner is aggrieved by Annexure-2
order, passed by the Judicial First Class Magistrate
Court-II, Kochi by which an application under Section
451 of Cr.P.C. is dismissed. According to the
petitioner, he is the owner of Goods Carrier (Tanker)
bearing registration No.KL-41-D-7740. The above
case is registered against the petitioner alleging
offences punishable under Sections 269, 278 of IPC
and also under Section 120(e) of the Kerala Police Act.
CRL. M.C. NO.3313 OF 2024
The vehicle was seized in connection with the above
crime and produced before the court. It is alleged
that the vehicle is used for dumping sewage waste
into the drainage. The petitioner filed an application
under Section 451 of Cr.P.C. to release the vehicle,
but the learned Magistrate dismissed the application
as per Annexure-2 order. Aggrieved by the same, this
Criminal Miscellaneous Case is filed.
3. Heard the learned counsel appearing for
the petitioner and the learned 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 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.
CRL. M.C. NO.3313 OF 2024
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 Cr.P.C. should be exercised
expeditiously and judiciously after imposing
appropriate conditions. I am of the considered
opinion that, the learned Magistrate can be directed
to release the vehicle, after imposing the conditions
mentioned in Sunderbhai Ambalal Desai's case
CRL. M.C. NO.3313 OF 2024
(supra).
Therefore, this Criminal Miscellaneous Case is
disposed of in the following manner:
1. Annexure-2 order is set aside.
2. The Judicial First Class Magistrate Court -
II, Kochi is directed to release the vehicle
bearing registration No.KL-41-D-7740,
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
CRL. M.C. NO.3313 OF 2024
repossess the vehicle, even though this
order is passed by this Court.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
CRL. M.C. NO.3313 OF 2024
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE RC BOOK OF THE
VEHICLE BEARING NO. KL 41-D-7740
ANNEXURE 2 TRUE COPY OF THE ORDER IN CMP.NO.
715/2024 OF JFCM-II, KOCHI DATED
26.03.2024
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
