Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946 CRIME NO.1511/2023 OF TIRUR POLICE STATION, MALAPPURAM PETITIONER/PETITIONER IN CMP/ACCUSED NO:2: SASI, AGED 45 YEARS, S/O. AYYAPPAN, KIZHAKKEPURAKKAL HOUSE, PERINTHALLUR, VP PURAM POST, THRIPPANGODE, TIRUR, PIN - 676 102. BY ADV E.C.AHAMED FAZIL RESPONDENT/RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 THE STATION HOUSE OFFICER, TIRUR, TIRUR POLICE STATION, TIRUR, PIN - 676 101. SMT. SHEEBA THOMAS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.3069 of 2024 ---------------------------------------------- Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous Case is filed challenging Annexure - A6 order passed by the Judicial First Class Magistrate Court - I, Tirur. The petitioner filed CMP No.362/2024 in Crime No.1511/2023 of Tirur Police Station before the Judicial First Class Magistrate Court - I, Tirur under Section 451 Cr.P.C for the interim custody of three vehicles. The vehicles were seized in connection with Crime No.1511/2023 of Tirur Police Station. According to the petitioner, he has got documents to prove the ownership of the vehicles. But the learned Magistrate dismissed the application mainly for the reason that no documents are produced by the petitioner to prove the ownership. It is also stated that the vehicles cannot be released till trial proceedings is over.
2. After going through Annexure - A6 impugned
order, I am of the considered opinion that the findings of the learned Magistrate is unsustainable. The vehicles need not be kept indefinitely till trial is over. It will take time to complete the investigation in the crime and to dispose the case. Till then the vehicles need not be kept in the custody of the court or with the police. If the petitioner is able to prove the ownership of the vehicles, the learned Magistrate can impose sufficient conditions and can release the vehicles. The petitioner can be directed to produce the vehicle as and when required by the court. To facilitate the learned Magistrate to pass fresh orders, the impugned order can be set aside. Therefore, this Criminal Miscellaneous Case is disposed of with the following directions:- 1) Annexure - A6 order dated 13.02.2024 of the Judicial First Class Magistrate Court - I, Tirur in CMP No.362/2024 in Crime No.1511/2023 of Tirur Police Station is set aside. 2) The Judicial First Class Magistrate Court - I, Tirur is directed to reconsider CMP No.362/2024 after giving an opportunity of hearing to the petitioner and the Prosecutor concerned, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this
order.
Sd/- P.V.KUNHIKRISHNAN JUDGE DK APPENDIX OF CRL.MC 3069/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 14.11.2023 IN CRIME NO. 1511 OF 2023 OF TIRUR POLICE STATION Annexure A2 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF SCOOTER BEARING NO. KL-55-AB-1670 DATED 20.09.2019 ISSUED BY THE REGISTERING AUTHORITY, TIRUR Annexure A3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF MOTOR CYCLE BEARING NO. KL-55-E-3076 DATED 09.11.2009 ISSUED BY THE REGISTERING AUTHORITY, TIRUR Annexure A4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF MOTOR CYCLE BEARING NO. KL-55-P-7205 DATED 16.06.204 ISSUED BY THE REGISTERING AUTHORITY, TIRUR
Annexure A5 TRUE COPY OF CMP NO. 362 OF 2024 DATED JANUARY 2024 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, TIRUR Annexure A6 TRUE COPY OF THE ORDER DATED 13.02.2024 IN CMP NO. 362 OF 2024 IN CRIME NO. 1511 OF 2023 OF TIRUR POLICE STATION PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT-I, TIRUR