Kerala High Court
Linodas M vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:77259
CRL.MC NO. 8078 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 8078 OF 2024
CRIME NO.214/2024 OF KANJAR POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 13.06.2024 IN CMP NO.1184 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I
(FOREST OFFENCES), THODUPUZHA
...........................................
PETITIONER(S)/CLAIM PETITIONER :
LINODAS M, AGED 32 YEARS
S/O MOHANDAS T.K
THUNDUCHIRA HOUSE, MUHAMMA P.O,
CHERTHALA, ALAPPUZHA DISTRICT- 688 525.
BY ADVS.
AMEER SALIM
NESILI NAZEER
POOJA LAKSHMI K DILEEP
RESPONDENT/STATE AND COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
KANJAR POLICE STATION,
IDUKKI DISTRICT, PIN - 685 590.
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 8078 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8078 of 2024
...................................................
Dated this the 17th day of October, 2024
ORDER
Petitioner is the owner of a LGV Tanker Lorry bearing registration
No.KL-32/N-4366, which was seized on 13.03.2024, alleging that septic
tank waste was being dumped into a water stream near Pulickal Nursery,
Arakkulam, Idukki District. Crime No.214/2024 of Kanjar Police Station
was registered against the accused for the offences punishable under
Sections 269, 277 of the Indian Penal Code, 1860 and Sections 118(e)
and 120(e) of the Kerala Police Act, 2011. Though petitioner filed an
application for release of the vehicle, the learned Magistrate had, by the
impugned order dated 13.06.2024, in CMP No.1184/2024 dismissed the
application. Petitioner challenges the aforesaid order.
2. I have heard Sri.Ameer Salim, the learned counsel for the petitioner as
well as Smt.Sreeja V., 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
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CRL.MC NO. 8078 OF 2024
properties should not be released without getting permission from this
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 sewage waste into a water stream near Pulickal
Nursery, Arakkulam, Idukki District, 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
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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
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 involved in
dumping waste into public or other property or even a water stream.
8. In the result, the impugned order is set aside and there will be a
direction to the Investigating Officer in Crime No.214/2024 of Kanjar
Police Station, to release the vehicle, bearing registration
No.KL-32/N-4366, 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] 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.
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(iii) Petitioner shall not transfer, sublet, lease or sell the
vehicles 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
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/17/10/2024
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CRL.MC NO. 8078 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
LGV-TANKER LORRY VEHICLE BEARING REGISTRATION
NO.KL-32-N-4366.
ANNEXURE A2 TRUE COPY OF THE F I R IN CRIME NO. 214 OF
2024 DATED 13/03/2024 OF KANJAR POLICE
STATION.
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 23.04.2024 OF
JUDICIAL FIRST-CLASS MAGISTRATE COURT-1,
THODUPUZHA IN CMP NO. 841 OF 2024 IN CRIME
NO. 214 OF 2024 OF KANJAR POLICE STATION.
ANNEXURE A4 TRUE COPY OF THE ORDER DATED 13.06.2024 OF
JUDICIAL FIRST-CLASS MAGISTRATE COURT-1,
THODUPUZHA IN CMP NO. 1184 OF 2024 IN CRIME
NO. 214 OF 2024 OF KANJAR POLICE STATION.
