Kerala High Court
Basil Kuriakose vs State Of Kerala on 6 March, 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 6TH DAY OF MARCH 2024 / 16TH PHALGUNA,
1945
CRL.MC NO. 11143 OF 2023
CRIME NO.1661/2023 OF Panangad Police Station,
Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 29.11.2023 IN CRMP
NO.4934 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE -
VIII, ERNAKULAM
PETITIONER:
BASIL KURIAKOSE
AGED 28 YEARS
S/O KURIAKOSE, MEKKUNNATH HOUSE,
BHOOTHATHANKETTU P.O., CHENKARA,
KOTHAMANGALAM, PIN - 686681
BY ADVS.
BIJU K.C.
LEENA JOSEPH
S.RAJEEV
V.VINAY(K/355/2009)
M.S.ANEER(K/644/2013)
PRERITH PHILIP JOSEPH(K/000736/2015)
ANILKUMAR C.R.(K/001190/2020)
K.S.KIRAN KRISHNAN(K/3514/2022)
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 SUB INSPECTOR OF POLICE
PANANGAD POLICE STATION, ERNAKULAM DISTRICT,
PIN - 682506
OTHER PRESENT:
SRI. M.C. ASHI (PP)
CRL.MC NO. 11143 OF 2023
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 11143 OF 2023
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C.No. 11143 of 2023
----------------------------------------
Dated this the 6th day of March, 2024
ORDER
Petitioner is the accused in Crime No.1661 of 2023 of
Panangad Police Station, alleging offences punishable under
Section 269, 278, 447 of the Indian Penal Code, 1860 and
Section 120 (e) of the Kerala Police Act.
2. Petitioner's vehicle bearing registration No. KL-41-N-
2542 was seized on 06-10-2023 for alleged dumping of waste on
a private property. The application filed for release of the vehicle
under Section 451 Cr.P.C was dismissed by the impugned order
after referring to the direction of this Court in W.P.(C)No.7844 of
2023.
3. I have heard Sri. Biju K.C., the learned counsel for the
petitioner, as well as Sri.M.C.Ashi, the learned Public
Prosecutor.
4. In the impugned order, the learned Magistrate has
referred to Crime No.2330/2023 of Hill Palace Police Station as
a similar offence allegedly committed by the petitioner. However,
upon instructions, the learned Public Prosecutor submitted
that the crime number referred to in the impugned order is a
CRL.MC NO. 11143 OF 2023
mistake for Crime No.2230 of 2023 which was registered
immediately upon seizure of the petitioner's vehicle.
5. Since the seizure of the vehicle on noticing dumping of
waste resulted in the registration of Crime No.2230 of 2023,
and Crime No.1661 of 2023 of Panangad Police Station, was
registered on 04-05-2023 even prior to the seizure, the vehicle
cannot be said to have been used for similar offence after
seizure.
6. The vehicle has been under custody from 06-10-2023.
Having regard to the decision in Sunderbhai Ambalal Desai v.
Stae of Gujarat (2002) 10 SCC 283, I am of the view that the
vehicle can be released to the petitioner on following conditions:
(i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees
One lakh only) with two solvent sureties and undertake to
produce the vehicle before the Court as and when required.
(ii) Petitioner shall not transfer the vehicle to any person
without the permission of the court.
(iii) Petitioner shall not commit similar offences in the future
and if such offences are committed, the police will be free to
approach the jurisdictional Magistrate for repossession of
the vehicle and the said court will be free to pass
appropriate orders for repossession even though this order
CRL.MC NO. 11143 OF 2023
is passed by this Court.
The Crl.M.C.is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 11143 OF 2023
APPENDIX OF CRL.MC 11143/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1661/2023 OF THE
PANANGAD POLICE STATION
Annexure A2 CERTIFIED COPY OF THE ORDER DATED
29.11.2023 IN CRL.M.P. NO.4934/2023
PASSED BY THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT-VIII,
ERNAKULAM
TRUE COPY
