State Of Kerala vs Rajan
2024 Latest Caselaw 27045 Ker

Kerala High Court

State Of Kerala vs Rajan on 6 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

  CRL.MC. NO.231 OF 2018
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                                            2024:KER:68091

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                   CRL.MC NO. 231 OF 2018

CRIME NO.60/2017 OF ADIMALY EXCISE RANGE OFFICE, IDUKKI

   AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.4813 OF

     2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -1,

                           ADIMALI

  PETITIONER/RESPONDENT:

           STATE OF KERALA
           REPRESENTED BY THE EXCISE INSPECTOR,
           EXCISE RANGE OFFICE, ADIMALY.


           BY ADV
           PUBLIC PROSECUTOR

  RESPONDENT/PETITIONER/ACCUSED:

           RAJAN
           S/O.RAJU, KODAKALLUKUDY, MANNAMKANDAM
           VILLAGE, DEVIKULAM TALUK-685 561.



        THIS CRIMINAL MISC. CASE HAVING COME UP FOR
  ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
  PASSED THE FOLLOWING:
 CRL.MC. NO.231 OF 2018
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                                           2024:KER:68091




                P.V.KUNHIKRISHNAN, J.
            ------------------------------------
              Crl.M.C. No.231 of 2018
           --------------------------------------
     Dated this the 06th day of September, 2024



                         ORDER

This Criminal Miscellaneous Case is filed

challenging Annexure-A order by which an

application under Section 451 Cr.P.C. is allowed and

the vehicle is released. The grievance of the

petitioner is that, when the statute describes cash

deposit for releasing the vehicle, the learned

Magistrate without insisting cash deposit, the

vehicle is released.

2. This Crl.MC is pending before this Court

from 2018 onwards. The impugned order was

passed in the year 2017. Probably, the main case

itself might have been disposed of and confiscation CRL.MC. NO.231 OF 2018

2024:KER:68091

proceedings also might have been initiated.

Therefore, this Crl.MC need not be retained here. I

make it clear that the impugned order will be

subject to the final order in the case and also the

confiscation proceedings, if any.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj CRL.MC. NO.231 OF 2018

2024:KER:68091

PETITIONER ANNEXURES

ANNEXURE A TRUE COPY OF THE ORDER OF HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, ADIMALY DATED 11.09.2017.

RESPONDENTS EXHIBITS :NIL

//TRUE COPY//

PA TO JUDGE