Remanded

Abdul Hakkim v. the State of Kerala

Kerala HC1 Apr 2009Crl.MC/1176/2009

Case brief

AI extract

What is this about?

The High Court modified a lower court order requiring a heavy bond for the release of a bus seized due to the driver's conviction under Section 184 of the Motor Vehicles Act. The Court allowed release upon execution of a self-bond and affidavit to produce the vehicle as required.

What did the court decide?

The petitioner is directed to release the vehicle upon execution of a self-bond and affidavit undertaking to produce the vehicle as required by the court.

Abdul Hakkim Vs the State of Kerala — Motor Accident Claims | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931

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Crl.MC.No. 1176 of 2009()

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------------------------(CRIME NO. 1861/2009 OF THE KOCHI CITY TRAFFIC (EAST) POLICE STATION)

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PETITIONER(S):

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ABDUL HAKKIM, S/O.KOCHUNNI, KOLLAMPARAMBIL HOUSE, MANJUMMAL, UDHYOGAMANDAL, ERNAKULAM DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT(S):

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THE STATE OF KERALA, REPRESENTED BY THE CITY COMMISSIONER OF POLICE, COCHIN CITY - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOZHI-31.

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THE SUB INSPECTOR OF POLICE, KOCHI CITY TRAFFIC (EAST) POLICE STATION, EDAPPALLY, COCHIN.

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PUBLIC PROSECUTOR SRI. GIKKU JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J

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CRL.M.C.No. 1176 OF 2009

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Dated this the 1^st day of April, 2009

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O R D E R

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This petition is filed with a prayer to direct the respondents to release vehicle bearing registration No. KL- 7AU/3042 to the petitioner, forthwith, in the interests of justice. The driver of the vehicle has been booked for an offence under Section 184 of the Motor Vehicles Act which is only a petty offence inviting a maximum penalty of Rs. 1,000/-. In such cases seizing the vehicle and produce it before the court will be really against the interest of the public at large as well as against the owner of the vehicle. But when a petition was moved for releasing of the vehicle, the learned Magistrate directed to execute a bond for Rs. 7,00,000/- with two solvent sureties each for the like sum. He also directed to produce original documents and photographs of the vehicle and produce the vehicle before the court as and when directed by the court. It has to be remembered that the vehicle is not as such involved in an offence. Actually the driver of the vehicle involved in the case under Section 184 of the Motor Vehicles Act. The ownership of the vehicle is not disputed. The

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Crl.M.C. 1176/2009

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-2-

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owner has produced vehicle before the police as directed by the police. So there are no factual dispute regarding the claim of ownership of the vehicle and really this is not an adjudicatory process to decide the release of the vehicle in a case where there are 451 Crl.P.C claims. When such is the situation the courts impose stringent conditions. But here is a case where there are no such complications and it is a bus which is plying in the route. Therefore I modify the order passed by the learned Judicial First Class Magistrate Court -I, Ernaklulam in Crl.M.P. 516(A)/09 in Crime No. 1861/09 as follows:

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The court shall release the vehicle on execution of a self bond coupled with an affidavit by the petitioner wherein he will undertake to produce the vehicle as and when required by the court. The learned Magistrate shall pass immediate order of release when the above conditions are satisfied so that plying of the vehicle is not further prevented.

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The Crl.M.C is disposed of accordingly.

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M.N. KRISHNAN, JUDGE

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vkm

Abdul Hakkim v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Hakkim v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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