Disposed

Babu @ Hari Ramakrishnan v. State of Kerala

Kerala HC13 Oct 2015Crl.MC/1590/2014

Case brief

AI extract

What is this about?

The petitioner approached the Kerala High Court for release of a JCB vehicle attached in a criminal proceeding. The court directed the release of the vehicle on terms specified in an executed mediation settlement agreement, subject to renewal of temporary registration and obtaining permanent registration.

What did the court decide?

The JCB was to be released to the petitioner in compliance with the terms of the executed mediation settlement agreement, including renewal of temporary registration and steps for permanent registrati

Babu @ Hari Ramakrishnan Vs State of Kerala — Motor Accident Claims | Kerala HC (2015)

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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 B.KEMAL PASHA

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TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937

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Crl.MC.No. 1590 of 2014 ()

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AGAINST THE ORDER/JUDGMENT IN CMP 394/2014 of J.M.F.C., IRINJALAKUDA CRIME NO. 1815/2014 OF PUDUKKAD POLICE STATION , THRISSUR

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PETITIONER(S):

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BABU @ HARI RAMAKRISHNAN THACHUPARAMBIL HOUSE, CHETISSERY, MADAVAKKARA THRISSUR.

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BY ADVS.SRI.R.SURAJ KUMAR SMT.V.BEENA

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SRI.SUNIL J.CHAKKALACKAL

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM.

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ADDL.R2 MAGMA FINCORP LIMITED REPRESENTED BY ITS ASSISTANT MANATER (LEGAL) MR.RAJ C.R. JAIN TOWERS, FIRST FLOOR, BYEPASS ROAD, VYTTILA

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ERNAKULAM 682 019

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(IMPLEADED AS ADDL.R2 AS PER ORDER DTD. 26.3.2014 IN CRL.M.A.2847/14)

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ADDL.R2 BY ADV. SRI.PHILIP T.VARGHESE

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ADDL.R2 BY ADV. SRI.THOMAS T.VARGHESE ADDL.R2 BY ADV. SMT.ACHU SUBHA ABRAHAM R1 BY PUBLIC PROSECUTOR SMT.SAREENA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC.1590/2014

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANN.A	TRUE COPY OF THE PETITION CMP.394/14 DT 21.1.14
ANN.B	TRUE COPY OF THE SALE CERTIFICATE DT 8.3.11
ANN.C DT 8.3.14	TRUE COPY OF THE TEMPORARAY CERTIFICATE OF REGISTRATION
ANN.D	TRUE COPY OF THE ORDER DT 21.1.14
ANN.E	TRUE COPY OF THE RECEIPT DT 5.9.14 BY THE ADDL.R2.
ANN.E	TRUE COPY OF THE RECEIPT DT 24.9.15.

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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Crl.M.C. No.1590 of 2014 E

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Dated this the 13^th day of October, 2015

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O R D E R

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~ ~ ~ ~ ~ ~

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The matter was referred for mediation. A

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successful mediation was conducted and the matter has been settled amicably. A mediation settlement agreement has been executed between the petitioner and the additional 2^nd respondent. The terms contained in the mediation settlement agreement are legal and, therefore, the settlement as such can be accepted.

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The learned counsel for the petitioner has pointed

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out that the JCB in question was having a temporary registration earlier and the same was not renewed for a considerable period. Presently, it does not have a registration. The petitioner shall take steps to get its temporary registration renewed as per the provisions of the Motor Vehicles Act and thereafter, the JCB has to be

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Crl.M.C.1590/2014

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: 2 :

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released to the custody of the petitioner, in which case, the petitioner shall take further steps for getting permanent registration of the JCB.

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This Crl.M.C. is disposed of in terms of the mediation

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settlement agreement which forms part of this order.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/13/10

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// True Copy //

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PA to Judge

Babu @ Hari Ramakrishnan v. State of Kerala

Case brief

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Babu @ Hari Ramakrishnan v. State of Kerala

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