Salahudheen N.B vs State Of Kerala
2024 Latest Caselaw 11816 Ker

Kerala High Court

Salahudheen N.B vs State Of Kerala on 30 April, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE G.GIRISH
     TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                       CRL.MC NO. 2470 OF 2024
   CRIME NO.171/2024 OF Muvattupuzha Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 04.03.2024 IN CMP NO.383 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA
PETITIONER(S):

          SALAHUDHEEN N.B
          AGED 23 YEARS
          NIRAPPEL HOUSE, CHERUVATTOOR P.O., ERAMALOOOR,
          KOTHAMANGALAM, ERNAKULAM, PIN - 686696

          BY ADVS.
          P.M.ARUN DAS
          BIBIN VARGHESE
          K.ARUN


RESPONDENT(S):

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031



          SRI. NOUSHAD. K. A - SR. PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2470 OF 2024
                                   2



                                ORDER

Heard the learned counsel for the petitioner and the

learned Public Prosecutor representing the respondent.

2. Relief sought for in this petition is to set aside

Annexure-A4 order passed by the learned Magistrate in a

petition filed under Section 451 of Cr.P.C. for the release of the

vehicle involved in the case.

3. It is seen from the records that in similar petitions

filed in the same crime as Crl.M.C.No.3578/2024, Crl.M.C.No.

3586/2024 and Crl.M.C.No.3594 of 2024, the vehicles involved

were ordered to be released subject to conditions.

4. In the above circumstances, the petitioner herein is

also entitled for the release of his vehicle subject to the same

conditions imposed in the aforesaid orders of this Court.

In the result, the above petition is disposed as follows:

1. Annexure-A4 order is set aside.

2. The Judicial First Class Magistrate Court - I,

Muvattupuzha is directed to release the vehicle bearing

registration No.KL-17Q-5090, after imposing the CRL.MC NO. 2470 OF 2024

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 Trial Court and the

Trial Court can pass appropriate orders to repossess the

vehicle, even though this order is passed by this Court.

Sd/-

G.GIRISH JUDGE nak CRL.MC NO. 2470 OF 2024

PETITIONER ANNEXURES

Annexure A1 TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION OF THE JCB BEARING REGISTRATION NO. KL-17 Q -5090

Annexure A2 TRUE PHOTO COPY OF THE INSURANCE POLICY OF THE THE JCB BEARING REGISTRATION NO. KL-17 Q -5090

Annexure A3 COPY OF THE F.I.R IN CRIME NO. 171/2024 OF MUVATTUPUZHA POLICE STATION

Annexure A4 THE COPY OF THE ORDER IN CRL.M.P NO.383/2024 DATED 04/03/2024 BY THE JFCM-I, MUVATTUPUZHA