Kerala High Court
Mahesh Thonnath vs State Of Kerala on 10 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:75468
CRL.MC NO. 7955 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 7955 OF 2024
CRIME NO.1042/2024 OF NILAMBUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 13.09.2024 IN CMP
NO.2721/2024 in CMP No.2722/2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, NILAMBUR
PETITIONER/PETITIONER :
MAHESH THONNATH, AGED 45 YEARS
S/O. RAJAN, THONNATH HOUSE,
TAANA, MAMPAD P.O., NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN - 676 542.
BY ADV K.RAKESH
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682 031.
2 THE STATION HOUSE OFFICER
NILAMBUR POLICE STATION,
MALAPPURAM DISTRICT, PIN - 679 329.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7955 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7955 of 2024
...................................................
Dated this the 10th day of October, 2024
ORDER
Petitioner is the owner of an excavator bearing registration No.KL-55/R-
4836 and a tipper lorry bearing registration No.KL-53/C-7850. Those
two vehicles were seized on 16.08.2024 alleging that plastic waste were
being dumped in a vacant property using those vehicles. Crime
No.1042/2024 of Nilambur Police Station was registered against the
accused. Though petitioner filed two separate applications for release of
the vehicles, the learned Magistrate had, by the impugned order dated
13.09.2024, in CMP No.2721/2024 and CMP No.2722/2024 dismissed
those applications. Petitioner challenges the aforesaid orders.
2. I have heard Sri.K.Rakesh, the learned counsel for the petitioner as well
as Sri.Noushad K.A., the learned Public Prosecutor.
3. In W.P.(C) No.7844/2023, a Division Bench of this Court had directed
that, as a preventive measure, vehicles dumping waste into public
properties should not be released without getting permission from this
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Court.
4. Despite various directions, dumping waste, into public properties, is on
the rise. Indulging in such odious and nefarious activities fans the
commercial interests of the perpetrators. Noticing the above, this Court
had in the decision in Suhail M.A. v. State of Kerala [2024 (5) KHC
503], observed that stringent conditions in the form of furnishing Bank
Guarantee should be imposed while directing release of vehicles. The
decisions in State of Karnataka v. K.Krishnan [(2000) 7 SCC 80] and that
Sunderbhai Ambalal Desai v. State of Gujarat [(2002) 10 SCC 283] were
relied upon.
5. In the instant case, the petitioner is alleged to have committed a serious
crime of dumping plastic waste in a vacant property, and confiscation
proceedings are stated to have already been initiated. The possibility of
repetition of similar offences using the vehicle cannot be ignored.
Therefore, stringent conditions ought to be imposed if the vehicle is to
be permitted to be released.
6. Further, no party shall be under the impression that vehicle release
would be possible on easy terms when such vehicles are alleged to have
been involved in the commission of an offence that creates a health
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hazard. Any such easy release would tempt offenders to repeat the
commission of such offences as observed in Krishna's case (supra).
7. Having regard to the aforesaid circumstances, this Court is of the view
that stringent conditions in the form of furnishing of a bank guarantee at
least should be imposed while directing release of vehicle dumping waste
into public or other property.
8. In the result, the impugned orders are set aside and there will be a
direction to the Investigating Officer in Crime No.1042/2024 of Nilambur
Police Station, to release the vehicles, bearing registration Nos.KL-55/R-
4836 and KL-53/C-7850, to the petitioner on the following conditions :-
i.Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One
lakhs only) with two solvent sureties for the like sum to the
satisfaction of the Jurisdictional Magistrate.
(ii) Petitioner shall furnish a Bank Guarantee for Rs.2,00,000/-
[Rupees Two lakhs only] each before the Jurisdictional
Magistrate undertaking to produce the vehicles as and when
required and also that he shall not use or cause to be used the
vehicles for committing similar offences.
(iii) Petitioner shall not transfer, sublet, lease or sell the
vehicles to any person, until conclusion of the criminal case.
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(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
using the vehicle and if such offences are committed, the
police will be free to repossess the vehicle and initiate
appropriate measures to enforce the guarantee.
The Crl.M.C. is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/15/10/2024
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CRL.MC NO. 7955 OF 2024
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE FIR IN CRIME NO. 1042/2024
OF THE NILAMBUR POLICE STATION DATED
16-08-2024
ANNEXURE B A TRUE COPY OF C.M.P.NO.2721/2024 FILED
BEFORE J.F.C.M, NILAMBUR DATED 21-08-2024
ANNEXURE C A TRUE COPY OF C.M.P.NO.2722/2024 FILED
BEFORE J.F.C.M, NILAMBUR DATED 21-08-2024
ANNEXURE D FREE COPY OF THE ORDER DATED 13-09-2024 OF
THE J.F.C.M, NILAMBUR IN C.M.P.NO.2721/2024
ANNEXURE E FREE COPY OF THE ORDER DATED 13-09-2024 OF
THE J.F.C.M, NILAMBUR IN C.M.P.NO.2722/2024
ANNEXURE F A TRUE COPY OF THE ORDER DATED 26-09-2023 OF
THIS HON'BLE COURT IN CRL.M.C.NO.7631/2023
