Anshad vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 23, 2024

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Citation: sooperkanoon.com/1323787
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 23, 2024
Case Number: Crl.MC/3594/2024

Parties & Advocates

Appellant / Petitioner

Anshad

Respondent

State of Kerala

Excerpt

.....as per annexure-3 order. aggrieved by the same, this criminal miscellaneous case is filed.3. heard the learned counsel appearing for the petitioner and the learned public prosecutor.4. the learned magistrate dismissed the petition filed under section 451 of the code mainly for the reason that the allegation against the accused isvery serious and the learned magistrate also observed that considering the spirit of the order of this court 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 conditionsimposed 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 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 powersunder section 451 cr.p.c. should be exercised expeditiously and judiciously after imposing appropriate conditions. i am of the consideredopinion that, the learned 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-33b-6049, 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.....

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. 3594 OF 2024 CRIME NO.171/2024 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 18.03.2024 IN CMP NO.467 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA PETITIONER(S)/PETITIONER: ANSHAD AGED 29 YEARS, S/O. UMMER, THEKKUMKATTIL HOUSE, PALLARIMANGALAM ADIVADU, KOTHAMANGALAM, PIN - 686 671 BY ADVS. SRUTHY N. BHAT NIKITA J. MENDEZ NANDITHA S. RESPONDENT(S)/RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 BY ADV. SMT. S SEETHA, SR. PUBLIC PROSECUTOR 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.3594 of 2024 --------------------------------------- Dated this the 23rd day of April, 2024

ORDER

This Criminal Miscellaneous Case is filed challenging Annexure-3 order by which an application under Section 451 Cr.P.C. is dismissed.

2. According to the petitioner, he is the registered owner of Eicher 10.80 bearing registration No.KL-33B-6049, which has been seized by the Muvattupuzha Police in connection with Crime

No.171/2024 of Muvattupuzha Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 268, 269, 277 r/w Section 34 of IPC and also under Section 120(e) of the Kerala Police Act. It is alleged that the vehicle is used to dumb waste materials. The petitioner filed an application for interim custody of the vehicle under Section 451 of Cr.P.C., but the same was dismissed as per Annexure-3 order. Aggrieved by the same, this Criminal Miscellaneous Case is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

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 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    Cr.P.C.   should   be   exercised
expeditiously        and    judiciously    after    imposing
appropriate conditions.         I am of the considered

opinion that, the learned 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-33B-6049, 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 nvj JUDGE APPENDIX OF CRL.MC 3594/2024 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 UNDER SECTION 451 CR.P.C PREFERRED BY THE PETITIONER 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.467/2024 BEFORE THE COURT OF THE JUDICIAL FIRST-CLASS MAGISTRATE - I, MUVATTUPUZHA IN CRIME NO.171/2024 OF THE MUVATTUPUZHA POLICE STATION RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE

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