Kerala High Court
Santhosh Kumar.R vs State Of Kerala on 6 June, 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
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
CRL.MC NO. 307 OF 2024
CRIME NO.1083/2023 OF Yeroor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.6948 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR
PETITIONER/ACCUSED:
SANTHOSH KUMAR.R
AGED 50 YEARS
S/O RAMACHANDRAN PILLAI RESIDING AT KIZHAKKEVILA
PUTHEN VEEDU, VAKKANADU, VAKKANADU-P.O, KAREEPRA,
VAKKANADU, (VIA), KAREEPRA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT-691509 REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER, , VIJAYAKUMAR.L AGED 59,
S/O LEKSHMANAN RESIDING AT SREEMOOLAM, ARTHINGAL,
KADAKKAL-P.O, KADAKKAL VILLAGE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT--, PIN - 691536
BY ADV P.ANOOP (MULAVANA)
RESPONDENT/S/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 KUNJUMON
S/O GEEVARGHESE, VADAVATTU NEW BHAVAN, VILANGARA,
UMMANNOOR VILLAGE, CHEPRA TALUK, KOLLAM DISTRICT-,
PIN - 691520
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN(K/001165/2006)
RADHIKA S.ANIL(K/000183/2019)
OTHER PRESENT:
SRI. NOUSHAD K. A. (Public Prosecutor)
Crl.M.C. No. 4064 of 2024
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 4064 of 2024
3
BECHU KURIAN THOMAS, J
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Crl.M.C.No. 307 of 2024
----------------------------------------------------
Dated this the 6th day of June, 2024
ORDER
Petitioner challenges a common order dated 03.01.2024 in
CMP No. 6948/2023 and CMP No. 6982/2023 on the files of Judicial
First Class Magistrate Court-1, Punalur.
2. The petitions were filed under Section 451 Cr.P.C for release
of a bus bearing registration No. KL-07-BG-3513 which is allegedly
involved in Crime No. 1083/2023 of Yeroor Police Station. CMP No.
6948/2023 was filed by the petitioner while CMP No. 6982/2023 was
filed by the 2nd respondent. The learned Magistrate by the impugned
order granted custody of the vehicle to the 2nd respondent.
3. I have heard Shri. P. Anoop, learned counsel for the petitioner
as well as Shri. K.V.Anil kumar, learned counsel for the second
respondent and Shri. Noushad K.A, learned Public Prosecutor.
4. On a reading of the impugned order, it is noticed that the
learned Magistrate concluded that possession of the bus was
transferred to the 2nd respondent on the basis of a contract of sale,
which was admitted by the petitioner herein. The report of the Sub
Inspector of Police also indicated that the petitioner had sold the bus
on 25.10.2023 to the 2nd respondent and pursuant to the transfer of
possession, the 2nd respondent even used the bus utilizing the permit
granted from 25.10.2023 till 30.12.2023. Thereafter, on 01.11.2023,
petitioner is alleged to have taken the bus from the possession of the
2nd respondent without any authority. In Giji v. A.K. Gopinathan
Nair [1995 (2) KLT 393], it has been observed that a person who
acquired possession of a property through unlawful means and by
commission of an offence, ought not to be given interim custody, to
enable him to enjoy the benefits of his own crime.
5. Since, the transfer of possession of the bus based on a
contract of sale is not disputed by the petitioner and bearing in mind
the nature of custody granted under an order of the Court in exercise
of the powers under Section 451 of Cr.P.C, I am of the view that, the
impugned order does not suffer from any perversity. In view of the
valid and weighty reasons recorded by the learned Magistrate in the
impugned order, I find no merit in this petition under Section 482 of
Cr.P.C. Accordingly, this Criminal Miscellaneous case is dismissed.
Sd/-
Sngi BECHU KURIAN THOMAS
JUDGE
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE REGISTRATION
PARTICULARS OF THE VEHICLE DATED 28-12-
2023 WITH REGISTRATION NO KL-07-BG-3513
Annexure A2 A TRUE COPY OF THE STAGE CARRIAGE PERMIT
DETAILS OF THE VEHICLE WITH REGISTRATION
NO KL-07-BG-351 DATED -01-08-2022
Annexure A3 A TRUE COPY OF THE INSURANCE PARTICULARS
OF THE VEHICLE WITH REGISTRATION NO KL-
07-BG-3513
Annexure A4 A TRUE COPY OF THE FIR IN CRIME 1083 OF
2023 OF YEROOR POLICE STATION
Annexure A5 A TRUE COPY OF THE FIR IN CRIME 52 OF
2023 OF YEROOR POLICE STATION
Annexure A6 A TRUE COPY OF THE COMMUNICATION DATED
07/07/2023
Annexure A7 A TRUE COPY OF THE PETITION NO CMP
6948/2023 DATED 16-12-2023 FILED BY THE
PETITIONER UNDER SEC.451 CR.PC BEFORE
JUDICIAL FIRST CLASS MAGISTRATE COURT-1,
PUNALUR
Annexure A8 A TRUE COPY OF THE ABOVE ORDER DATED 03-
01-2024 IN CMP. NO.6948/2023 & CMP
NO.6982/2023 IN CRIME NO.1083/2023 OF
YEROOR POLICE STATION OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-1, PUNALUR
