Kerala High Court
Anandhu Kamalan vs State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 3754 OF 2024
CRIME NO.402/2024 OF HARBOUR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 12.04.2024 IN CMP
NO.566 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
I, KOCHI
PETITIONER/PETITIONER :
ANANDHU KAMALAN
S/O KAMALAN, PAPPANIKUNNEL,
UDAYAMPEROOR, NADAKKAVU,
ERNAKULAM, PIN - 682 307.
BY ADVS.
MATHEWS BENNY
MANU MURALI T.
RESPONDENT/STATE & RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER
HARBOUR POLICE STATION,
BRISTOW ROAD, WILLINGTON ISLAND,
KOCHI, PIN - 682 003.
SRI.RENJITH T.R., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 3754/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.3754 of 2024
...................................................
Dated this the 21st day of May, 2024
ORDER
Petitioner's vehicle, bearing registration No.KL-59/D-0927, was
allegedly found dumping sewage waste into a water source within
Cochin Corporation. The offence is alleged to have been detected
and the vehicle seized on 21.02.2024. Though petitioner filed an
application for grant of interim custody, the same was dismissed by
Annexure-A3 order.
2. I have heard Sri.Mathews Benny, the learned counsel for the
petitioner as well as Sri.Renjith T.R., the learned Public Prosecutor.
3. A Division bench of this Court had in W.P.(C) No.7844/2023 directed
that, as a preventive measure, 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 a provision for confiscation of 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 upon instructions submitted that
the final report has already been filed and that there is every chance
that the petitioner may repeat the commission of similar offences, 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.
Considering the seriousness of the offence and the health hazard on
the public, stringent conditions ought to be imposed.
8. Hence, there will be a direction to the Investigating Officer in Crime
No.402/2024 of Harbour Police Station, to release the vehicle,
bearing registration No.KL-59/D-0927, 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 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 and seek encashment of the Bank
Guarantee.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/05/2024
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF KL-59/D-0927 ISSUED IN THE
NAME OF THE PETITIONER.
ANNEXURE A2 A TRUE COPY OF THE FIR NO. 402/2024 OF
HARBOUR POLICE STATION DATED 20.03.2024.
ANNEXURE A3 A TRUE COPY OF THE ORDER OF THE HON'BLE
JFCM COURT-1, KOCHI IN CMP.NO.566/2024
DATED 12.04.2024.
TRUE COPY
