Hassainar vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 23, 2024

~4 min read

https://sooperkanoon.com/case/1323733

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1323733
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 23, 2024
Case Number: Crl.MC/3578/2024

Parties & Advocates

Appellant / Petitioner

Hassainar

Respondent

State of Kerala

Excerpt

.....come up for admission on 23.04.2024, the court on the same day passed the following: p.v.kunhikrishnan --------------------- --------------------------- dated this the 23rd day of april, 2024orderthis criminal miscellaneous case is filed under section 482 of the code of criminal procedure, 1973 (“the code” for the sake of brevity).2. the petitioner is aggrieved by annexure 3 orderpassed by the judicial first class magistrate court-i muvattupuzha in cmp no.464/2024 in crime no.171/2024 of muvattupuzha police station.3. according to the petitioner, he is the owner of aneicher 10.80 bearing registration no.kl-65c-1424, which was seized by the muvattupuzha police in connection with crime no.171/2024. the above case is registered alleging offences punishable under sections 268, 269, 277 r/w section 34 ipc and also under section 120(e) of the kerala police act. it is alleged that the vehicle is used for dumping waste materials including plastic waste, hospital waste andwaste from plywood companies. the petitioner filed an application under section 451 cr.pc to release the vehicle. the same is rejected as per anneuxre 3 order. aggrieved by the same, this criminal miscellaneous case is filed.4. the learned magistrate dismissed the petitionfiled under section 451 of the code mainly for the reason that the allegation against the accused is very serious and the learned magistrate also observed that considering the spirit of the order of this court dated 25.05.2023 in w.p.(c). no.7844/2023, the petitioner is not entitled interim custody. i think there is some force in the above finding of the learned magistrate.5. but, the counsel for the petitioner submitted thatthe vehicle is the livelihood of the petitioner and he is ready to comply any conditions imposed by this court. it is also submitted that the vehicle is now parked in an open place and if it is continued to be there, it will be damaged. the public prosecutor opposed the petition and supported theorder.....

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 CRL.MC NO. 3578 OF 2024 CRIME NO.171/2024 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 18.03.2024 IN CMP NO.464 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I MUVATTUPUZHA PETITIONER/PETITIONER: HASSAINAR AGED 41 YEARS S/O. KAREEM, NEHAMPILLIL HOUSE, OONNUKAL P.O, NERYAMANGALAM VILLAGE, ERNAKULAM, PIN - 686693 BY ADVS. SRUTHY N. BHAT NIKITA J. MENDEZ NANDITHA S. RESPONDENT/RESPONDENT STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR. PP. SMT. S . SEETHA 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 --------------------- --------------------------- Dated this the 23rd day of April, 2024

ORDER

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. The petitioner is aggrieved by Annexure 3 order

passed by the Judicial First Class Magistrate Court-I Muvattupuzha in CMP No.464/2024 in Crime No.171/2024 of Muvattupuzha Police Station.

3. According to the petitioner, he is the owner of an

Eicher 10.80 bearing Registration No.KL-65C-1424, which was seized by the Muvattupuzha Police in connection with Crime No.171/2024. The above case is registered alleging offences punishable under Sections 268, 269, 277 r/w Section 34 IPC and also under Section 120(e) of the Kerala Police Act. It is alleged that the vehicle is used for dumping waste materials including plastic waste, hospital waste and

waste from plywood companies. The petitioner filed an application under Section 451 Cr.PC to release the vehicle. The same is rejected as per Anneuxre 3 order. Aggrieved by the same, this Criminal Miscellaneous Case is filed.

4. The learned Magistrate dismissed the petition

filed under Section 451 of the Code mainly for the reason that the allegation against the accused is very serious and the learned Magistrate also observed that considering the spirit of the order of this Court dated 25.05.2023 in W.P.(C). No.7844/2023, the petitioner is not entitled interim custody. I think there is some force in the above finding of the learned Magistrate.

5. But, the counsel for the petitioner submitted that

the vehicle is the livelihood of the petitioner and he is ready to comply any conditions imposed by this Court. It is also submitted that the vehicle is now parked in an open place and if it is continued to be there, it will be damaged. The Public Prosecutor opposed the petition and supported the

order passed by the learned Magistrate.

6. After hearing both sides, I think the vehicle can be released after imposing stringent conditions. In Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638), the Apex Court held that powers under

Section 451 should be exercised expeditiously and judiciously after imposing appropriate conditions. I am of the considered opinion that the Magistrate can be directed to release the vehicle, after imposing the conditions mentioned in Sunderbhai Ambalal Desai’s case (supra). Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:-

1. Annexure 3 order is set aside.

2. The Judicial First Class Magistrate Court-I,

Muvattupuzha is directed to release the vehicle bearing registration No.KL-65C-1424, after imposing the conditions mentioned in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638).

3. The petitioner shall not transfer the vehicle without the permission of the Court.

4. The petitioner shall not commit similar offence in future and if such offence is

committed, the Police Authorities are free to approach the lower court and the lower court can pass appropriate orders to repossess the vehicle even though this order is passed by this Court. Sd/- P.V.KUNHIKRISHNAN JUDGE bng APPENDIX OF CRL.MC 3578/2024 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME NO. 171/2024 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT

Annexure2          TRUE COPY OF THE PETITION PREFERRED BY
                   THE   PETITIONER   UNDER    SECTION   451
                   CR.P.C,   BEFORE   THE   COURT   OF   THE
                   JUDICIAL    FIRST-CLASS     MAGISTRATE-I,

MUVATTUPUZHA Annexure3 TRUE COPY OF THE ORDER DATED 18-03-2024 IN C.M.P. NO.464/2024 BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE- I, MUVATTUPUZHA IN CRIME NO.171/2024 OF THE MUVATTUPUZHA POLICE STATION,

Same Court & Year Kerala · 2024 Same Parties Hassainar vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan