The High Court allowed the petitioner's application for interim custody of a Tempo Traveller allegedly involved in a criminal case, directing the lower court to release it upon execution of a bond with sureties.
Release of the vehicle for interim custody subject to execution of a bond for its value with two solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
TUESDAY, THE 26TH DAY OF NOVEMBER 2013/5TH AGRAHAYANA, 1935
Crl.MC.No. 5091 of 2013 ()
TO QUASH ANNEXURE C ORDER DATED 23.10.2013 IN CMP NO. 4591/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERAMBRA CRIME NO. 253/2013 OF PERUVANNAMUZHY POLICE STATION)
PETITIONER :
LIJI JOHN, AGED 39 YEARS S/O.JOHN, POOKKULATH HOUSE, CHAKKITTAPARA AMSOM KOZHIKODE DISTRICT.
BY ADV. SRI.MATHEW KURIAKOSE
RESPONDENTS :
1. STATE OF KERALA (CRIME NO.253/2013 OF PERUVANNAMUZHY POLICE STATION) REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
2. STATION HOUSE OFFICER PERUVANNAMUZHY POLICE STATION, PERUVANNAMUZHY KOZHIKODE DISTRICT.
R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 5091 of 2013 ()
APPENDIX
PETITIONER(S)' EXHIBITS :
ANNEXURE-A: TRUE COPY OF THE FIR IN CRIME NO.253/2013 OF PERUVANNAMUZHI POLICE STATION.
ANNEXURE-B: TRUE COPY OF THE AFFIDAVIT AND PETITION IN C.M.P.NO.4591/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERAMBRA.
ANNEXURE-C: CERTIFIED COPY OF THE ORDER DATED 23.10.2013 IN C.M.P.NO.4591/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERAMBRA.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
HARUN-UL-RASHID, J.
Crl.M.C. No. 5091 of 2013
Dated this the 26th day of November 2013.
O R D E R
Petitioner is the R.C owner cum driver of a Tempo Traveller bearing registration No. KL 56 A 9805. Petitioner is the sole accused in Crime No. 253/2013 of Peruvannamuzhy Police Station. The offence alleged are punishable under Sections 307 & 302 of IPC. Petitioner is aggrieved by the order passed by the Judicial First Class Magistrate Court-II, Perambra dismissing his application filed under Section 451 of Cr.P.C for interim custody of the vehicle allegedly involved in the crime.
Crl.M.C. No.5091/2013
: 2 :
interim custody. The prayer of petitioner for interim custody of the vehicle is allowed subject to conditions.
The Crl.M.C is disposed of directing the Judicial First Class Magistrate Perambra to release the vehicle for interim custody on condition that, he shall execute a bond for the value of the vehicle with two solvent sureties each for the like sum. Valuation of the vehicle shall be done by the Motor Vehicle Inspector concerned. The court below is free to impose any further condition that may deem fit.
Sd/-
HARUN-UL-RASHID, Judge.
AL/-
True copy
P.A to Judge
1 issue framed by the court
Whether interim custody of the vehicle allegedly involved in the crime should be granted to the accused-petitioner subject to conditions.
1 provisions across 1 enactments
LIJI JOHN
STATE OF KERALA
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
