Rakesh vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

~3 min read

https://sooperkanoon.com/case/1658391

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/1658391
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jul 30, 2021
Case Number: Crl.MC/3362/2021

Parties & Advocates

Appellant / Petitioner

Rakesh

Respondent

State of Kerala

Excerpt

.....for admission on 30.07.2021, the court on the same day passed the following: crl.mc.no.3362 of 2021 2o r d e rdated this the 30th day of july 2021the petitioner is the owner of vehicle no.kl-35 d 8554 which was produced before the judicial first class magistrate court, south paravur and the petitioner approached the court with an application under section 457 crpc for release of the vehicle which is a tipper lorry. the learned magistrate vide order at annexure-b allowed the petition and imposed certain conditions. one of the condition is that the originals of the documents shall be kept in safe custody of the court and the petitioner shall be issued true copy certified from the court for all legal and practical purposes. the petitioner is aggrieved with condition no.7. hence he seeks interference of this court.2. the vehicle is a tipper lorry and the petitioner will have to use it for the purpose of making his livelihood. without the original documents in crl.mc.no.3362 of 2021 3possession, he may not be able to carry on with his work. therefore, i find that condition no.7 is not required and reasonable. the petition is therefore allowed. in the result, the crl.m.c. is allowed. condition no.7 in annexure-b order of the learned magistrate shall be modified to the effect that the petitioner shall obtain a certified copy and replace the original of the documents with certified copy and original documents shall be returned to him.sd/- ashok menon judge crl.mc.no.3362 of 2021 4 annexure of crl.m.c.3362/2021 annexure-a : a true copy of the registration certificate of vehicle bearing reg.no.kl-35d-8554. annexure -b: a true copy of the order dated 3.11.2020 in cmp no.2060/2020 of the judicial first class magistrate courti(temporary), s. paravur. annexure-c : a true copy of the order dated 25.3.2021 in crl.m.c. no.1622/2021. respondents exhibits : nil true copy p.s to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CRL.MC NO. 3362 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMP 2060/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR, KOLLAM PETITIONER/S: RAKESH AGED 35 YEARS S/O. RAMACHANDRAN PILLAI, RAJESH BHAVAN, THAZHAM THEKKU, CHIRAKKARA VILLAGE, KOLLAM DISTRICT. BY ADVS. SWAPNA VIJAYAN K.V.ANIL KUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF EKRALA, ERNAKULAM 682 031. 2 THE STATION HOUSE OFFICER CHATHANNOOR POLICE STATION, KOLLAM DISTRICT 691 572 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.3362 OF 2021 2

O R D E R

Dated this the 30th day of July 2021

The petitioner is the owner of vehicle No.KL-35 D 8554 which was produced before the Judicial First Class Magistrate Court, South Paravur and the petitioner approached the court with an application under section 457 CRPC for release of the vehicle which is a tipper lorry. The learned magistrate vide order at Annexure-B allowed the petition and imposed certain conditions. One of the condition is that the originals of the documents shall be kept in safe custody of the Court and the petitioner shall be issued true copy certified from the Court for all legal and practical purposes. The petitioner is aggrieved with condition No.7. Hence he seeks interference of this Court.

2. The vehicle is a tipper lorry and the petitioner will have to use it for the purpose of making his livelihood. Without the original documents in Crl.MC.No.3362 OF 2021 3

possession, he may not be able to carry on with his work. Therefore, I find that condition No.7 is not required and reasonable. The petition is therefore allowed. In the result, the Crl.M.C. is allowed. Condition No.7 in Annexure-B order of the learned Magistrate shall be modified to the effect that the petitioner shall obtain a certified copy and replace the original of the documents with certified copy and original documents shall be returned to him.

Sd/- ASHOK MENON JUDGE Crl.MC.No.3362 OF 2021 4 ANNEXURE OF CRL.M.C.3362/2021 ANNEXURE-A : A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG.NO.KL-35D-8554. ANNEXURE -B: A TRUE COPY OF THE ORDER DATED 3.11.2020 IN CMP NO.2060/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTI(TEMPORARY), S. PARAVUR. ANNEXURE-C : A TRUE COPY OF THE ORDER DATED 25.3.2021 IN CRL.M.C. NO.1622/2021. RESPONDENTS EXHIBITS : NIL TRUE COPY P.S TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Rakesh vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon