Kerala High Court
Abdul Salam. A vs State Of Kerala on 3 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
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA,
1946
CRL.MC NO. 2128 OF 2024
CRIME NO.82/2024 OF THOPPUMPADY POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 19.02.2024 IN CMP
NO.370 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
II, KOCHI
PETITIONER/ACCUSED :
ABDUL SALAM. A
AGED 37 YEARS
S/O ABDUL RAHIMAN,
HOUSE NO : 3/358, UBAID ROAD,
FORTKOCHI, PIN - 682 001
BY ADVS.
MINIMOL K.M.
ANAGHA R.
RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER
HARBOUR POLICE STATION, W7Q6+2Q2 HARBOUR,
TAGORE ROAD, KARUVELIPADY,
THOPPUMPADY, PIN - 682 002.
SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 2128 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.2128 of 2024
...................................................
Dated this the 3rd day of April, 2024
ORDER
Petitioner's vehicle, bearing registration No.KL-43/A-5391, was
allegedly found dumping sewage waste into a water source within
Cochin Corporation and is alleged to have been caught red-
handed on 01.01.2024 at 2 a.m. Though petitioner filed an
application for grant of interim custody, the same was dismissed
by Annexure-A3 order.
2. I have heard Smt.Minimol K.M., the learned counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
3. A Division bench of this Court had in W.P.(C) No.7844/2023
directed that as preventive measures, vehicles dumping waste into
public properties, ought not to be released without getting
permission from this Court.
4. In December 2023, the statute relating to the local authorities
were amended to incorporate provision for confiscation of
CRL.MC NO. 2128 OF 2024
vehicles involved in dumping waste into public properties.
Despite all these stringent conditions, there is still an increase in
such nefarious activities and a time has come to incorporate
stringent conditions, at least when vehicles seized, are directed to
be handed over on interim custody.
5. In the decision in State of Karnataka v. K.Krishnan (2000) 7 SCC
80, the Supreme Court had observed that in serious offences
committed under Forest and Wild Life Act, interim custody of
vehicles can be granted by imposing conditions like furnishing of
bank guarantee. In the decision in Sunderbhai Ambalal Desai v.
State of Gujarat (2002) 10 SCC 283, the Supreme Court has
observed the vehicles need not be kept in police custody or other
offices, pending trial, as the same may reduce the value of the
vehicle and that conditions can be incorporated while ordering
release of the vehicle to the person best entitled to.
6. The petitioner is alleged to have committed a very serious crime
of dumping sewage waste into a water source within the limits
Cochin Corporation. The Public Prosecutor, pointed out that
petitioner has committed similar crimes on several occasions and
CRL.MC NO. 2128 OF 2024
that eight crimes of similar nature have already been registered
against him from 2018 onwards, till date. It was also pointed out
that there is every chance that petitioner would repeat the crime,
if the vehicle is released to him.
7. Having regard to the aforesaid circumstances and also bearing in
mind the decisions in Sunderbhai Ambalal Desai' case &
K.Krishnan's case (cited supra), I am of the view that though the
petitioner has indulged in a very serious crime, which can even
result in initiation of confiscation proceedings against the vehicle,
no purpose would be achieved by retaining the vehicle in the
custody of the Police until then. Appropriate conditions can
certainly be imposed while directing release of the vehicle.
8. Hence, there will be a direction to the Investigating Officer in
Crime No.82/2024 of Thoppumpady Police Station, to release the
vehicle, bearing registration No.KL-43/A-5391, to the petitioner
on the following conditions :-
(i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees
One lakh only) with two solvent sureties for the like sum to
the satisfaction of the Jurisdictional Magistrate and undertake
to produce the vehicle before the Court as and when
CRL.MC NO. 2128 OF 2024
required.
(ii) Petitioner shall furnish a Bank Guarantee for
Rs.2,00,000/- [Rupees Two lakhs only] before the
Jurisdictional Magistrate.
(iii) Petitioner shall not transfer, sublet, lease or sell the
vehicle to any person, until conclusion of the criminal case.
(iv) Petitioner shall participate in the trial as well as the
confiscation proceedings, if any, initiated.
(v) Petitioner shall not commit similar offences in the future
and if such offences are committed, the police will be free to
repossess the vehicle.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/03/04/2024
CRL.MC NO. 2128 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF KL43-A-5391 ISSUED IN THE
NAME OF THE PETITIONER.
ANNEXURE A2 TRUE COPY OF THE FIR NO. 82/2024 OF
THOPPUMPADY POLICE STATION DATED
10.01.2024.
ANNEXURE A3 TRUE COPY OF THE ORDER OF THE HON'BLE
JFCM COURT II KOCHI IN CMP.NO. 370/2024
DATED 19.02.2024
TRUE COPY
