Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY, THE 23RD DAY OF JULY 2013 1ST SRAVANA, 1935 Crl.MC.No. 2766 of 2013 () --------------------------------------- AGAINST THE ORDER IN CMP 1273/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR CRIME NO. 944/2013 OF PERUMBAVOOR POLICE STATION , ERNAKULAM --------------- PETITIONER(S): ------------------------ PAREETHU, AGED 5 YEARS, S/O.MUHAMMED, MUNDAKKAL HOUSE, VENGOLA, KUNNATHUNAD TALUK, PIN-683554. BY ADVS.SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR. SRI.R.VINU RAJ SMT.P.M.HRIDYA RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY S I OF POLICE, PERUMBAVOOR POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ Crl.MC.No. 2766 of 2013 () ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE.I:- TRUE COPY OF THE PETITION 1273 2013 FILED UNDER SEC.451 ON THE FILES OF JFCM COURT, PERUMBAVOOR. ANNEXURE.II:-CERTIFIED COPY OF THE ORDER DTD 14/6/2013 IN C M P 1273/13 ON THE FILES OF JFCM COURT, PERUMBAVOOR. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ V.K.MOHANAN, J.
------------------------------------------ Crl.M.C.No.2766 of 2013 ------------------------------------------- Dated this the 23rd day of July, 2013 ORDER The above Crl.M.C. is filed under Section 482 of Cr.P.C. challenging Annexure-A2 order by which the petitioner's request for release of plywood, which was seized from the possession of the petitioner, was declined by the Judicial First Class Magistrate Court-I, Perumbavoor.
2. The prosecution allegation is that, the accused inscribed false seal of ISO Certificate, with a view to defraud the customers and hence on 11/05/2013 the S.I. of Police seized altogether 227 plywood sheets and a lorry in which it was loaded from the premises of the accused. The accused was released on bail. Subsequently the petitioner approached the Judicial First Class Magistrate Court-I, Perumbavoor contending that, if the plywood sheets are exposed to sun and rain, it will be ruined and hence moved a petition under Section 451 of Cr.P.C. for interim custody of the said plywood. The learned Magistrate, considering the prosecution allegation Crl.M.C.No.2766 of 2013 :-2-: that the accused attempted to market plywoods having false seals found that, if the plywoods are released on interim custody, there is every possibility of either tampering the inscriptions or marketing the very same plywood by the accused. Hence dismissed that petition. The learned counsel for the petitioner submitted that, after preparing inventory, the plywood already seized can be released in favour of the petitioner by way of an interim measure.
3. I am unable to accept the above contention and condition to release the above plywood which is the subject matter of Crime No.944 of 2013 of Perumbavoor Police Station. The very allegation against the petitioner is that he inscribed false statement of ISO certification and thereby tried to cheat the customers. The forged seal of the false impression on the plywoods is material evidence for the smooth prosecution. The allegation itself that the false seal of ISO Certification is impressed on plywood with a view to market the same which was seized from the possession of the petitioner/accused and the same are not deserve for Crl.M.C.No.2766 of 2013 :-3-: certification. If that be so, the plywood, even in the case of releasing to the petitioner, cannot be sold out. As rightly observed by the learned Magistrate, if the plywoods are released on interim custody, the possibility of either tampering the inscriptions or marketing the very same plywood cannot be ruled out. Therefore, I find no reason to interfere with Annexure-A2 order and as such there is no merit in this Crl.M.C. and accordingly the same is dismissed. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge