Shiju Augustine Vs. State of Kerala

Shiju Augustine vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 27, 2014

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https://sooperkanoon.com/case/1163504

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Citation: sooperkanoon.com/1163504
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Ramakrishnan
Decided On: Aug 27, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Shiju Augustine

Respondent

State of Kerala

Excerpt

.....sides.4. the counsel for the petitioner submitted that the crl.m.c.no.1406 of 2014 :2. : learned magistrate has granted interim custody of those articles. the second condition imposed by the court below is harsh.5. the application was opposed by the public prosecutor on the ground that no interference is called for.6. it is an admitted fact that the articles belonging to the petitioner were seized by the police in connection with crime no.101/13 of cherpu police station and petitioner as the settler of the trust by name 'kerala child welfare society' filed an application for interim custody of those articles under section 451 of code of criminal procedure as crl.m.p.no.10/14 3833/13 for interim custody of vehicle and the learned magistrate has allowed the application vide annexure a2 impugned order with conditions inter alia that the sureties shall produce solvency certificate or title deed of the immovable property for proving solvency. the apprehension of the petitioner is that if the title deeds are produced, that will be retained in the court. this court has, in several decisions as deprecated the practice of getting the title deeds deposited with the court. if the court wants to ascertain the genuineness of the title of the surety, court is at liberty to verify the title crl.m.c.no.1406 of 2014 :3. : deeds and after satisfaction, that can be returned to the sureties. so, in this case also, this court feels that the condition can be modified as follows: if the sureties produce the title deeds of the property, after verification and satisfaction, the court below is directed to return the original title deeds to the sureties after getting an attested photostat copy of the same done by the officer of the court and keep the same in the records. with the above direction and observation, the petition is disposed of. sd/- k.ramakrishnan, judge. bb [true copy] p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE27H DAY OF AUGUST20145TH BHADRA, 1936 Crl.MC.No. 1406 of 2014 () --------------------------- CRL.MP.10/2014 3833/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR. CRIME NO. 101/2013 OF CHERPU POLICE STATION. ...... PETITIONER(S): -------------------------- SHIJU AUGUSTINE, S/O.AUGUSTINE, AGED32YEARS, CHEMBAPULLY HOUSE, KURUMATHOOR DESOM, THALIPARAMBU, KANNUR DISTRICT. BY ADVS.SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SRI.V.S.SHIRAZ BAVA. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.

2. S.I. OF POLICE, CHERPU POLICE STATION, PIN-691 001. * ADDL. R3 IMPLEADED3 LAKSHMI, AGED38YEARS, W/O.MANOJ, KARUNIYAGAL HOUSE, ORAKAM DESOM, THRISSUR DISTRICT. * IS IMPLEADED AS ADDL. R3 AS PER ORDER

DATED1003/2014 IN CRL.MA. NO.2222/2014 IN CRL.MC. NO.1406/2014. R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA P.GEORGE. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON2708-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 1406 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1. COPY OF THE CRL.M.P NO.10/14, 3833/13 IN CRIME NO.101/13 OF CHERPU POLICE STATION. ANNEXURE A2. COPY OF THE ORDER

DATED0402.2014 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. K. Ramakrishnan, J.

============================== Crl.M.C.No.1406 of 2014 ============================== Dated this, the 27th day of August, 2014. ORDER

This is an application filed by the petitioner challenging the condition imposed by the court below as per order in Crl.M.P.No.10/2014 3833/13 of in Crime No.101/13 of Judicial First Class Magistrate Court, No-I, Thrissur under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that certain articles belonging to the petitioner including Motor Car, Lap Top and Currency in connection with Crime No.101/13 of Cherpu Police Station and this petitioner filed Crl.M.P.No.10/14 3833/13 for interim custody of those articles under Section 451 of Code of Criminal Procedure and the learned magistrate allowed the application with conditions inter alia directing the sureties to produce the solvency certificate or title deeds of the immovable properties of the sureties for proving the solvency. This condition is being challenged by the petitioner by filing this petition.

3. Heard both sides.

4. The Counsel for the petitioner submitted that the Crl.M.C.No.1406 of 2014 :

2. : learned magistrate has granted interim custody of those articles. The second condition imposed by the court below is harsh.

5. The application was opposed by the Public Prosecutor on the ground that no interference is called for.

6. It is an admitted fact that the articles belonging to the petitioner were seized by the police in connection with Crime No.101/13 of Cherpu Police Station and petitioner as the settler of the trust by name 'Kerala Child Welfare Society' filed an application for interim custody of those articles under Section 451 of Code of Criminal Procedure as Crl.M.P.No.10/14 3833/13 for interim custody of vehicle and the learned magistrate has allowed the application vide Annexure A2 impugned order with conditions inter alia that the sureties shall produce solvency certificate or title deed of the immovable property for proving solvency. The apprehension of the petitioner is that if the title deeds are produced, that will be retained in the court. This court has, in several decisions as deprecated the practice of getting the title deeds deposited with the court. If the court wants to ascertain the genuineness of the title of the surety, court is at liberty to verify the title Crl.M.C.No.1406 of 2014 :

3. : deeds and after satisfaction, that can be returned to the sureties. So, in this case also, this court feels that the condition can be modified as follows: If the sureties produce the title deeds of the property, after verification and satisfaction, the court below is directed to return the original title deeds to the sureties after getting an attested photostat copy of the same done by the officer of the court and keep the same in the records. With the above direction and observation, the petition is disposed of. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge

Same Court & Year Kerala · 2014 Same Parties Shiju Augustine vs State of Kerala Same Subject Education Same Judge Honourable Mr. Justice K.Ramakrishnan