Allowed

V.N.Rajappan v. State of Kerala

Kerala HC21 Nov 2016Crl.MC/5652/2014

Case brief

AI extract

What is this about?

High Court allowed the interim release of a tipper lorry seized in a forest offence case. The court directed the petitioner to execute a bond with sureties and produce the vehicle as directed, citing the loss of vehicle utility.

What did the court decide?

Vehicle released subject to execution of bond with sureties, proof of ownership, conditional production, and no transfer or possession parting until case disposal.

V.N.Rajappan Vs State of Kerala — Property and Title | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938

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Crl.MC.No. 5652 of 2014 ()

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AGAINST THE ORDER IN CRMP 2251/2014 of J.M.F.C.,RANNI O.R.No.1/2014 OF KANAMALA FOREST STATION OFFICE , PATHANAMTITTA

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PETITIONER:

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V.N.RAJAPPAN

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S/O.KRISHNA NARAYANAN, PUTHIYAVEETTIL HOUSE, MUNDANI, VELLAVOOR VILLAGE.

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BY ADVS.SRI.LIJI.J.VADAKEDOM RAJEEV JYOTHISH GEORGE

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. FOREST RANGE OFFICER - RANNI OFFICE OF THE RANGE OFFICER, RANNI - 689 672.

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SPL. GOVT. PLEADER, SRI.SANDESH RAJA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5652 of 2014 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------- ANNEXURE-1:	THE CERTIFIED COPY OF THE ORDER DATED 26.4.2014 IN CRL.M.P. No.2251/14 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, RANNI.
ANNEXURE-2:	THE COPY OF THE PASS ISSUED UNDER RULE 48K OF THE KERALA MINOR MINERAL CONCESSION RULES DATED 30.10.2013.
ANNEXURE-3:	THE PHOTOCOPY OF THE OFFICIAL MEMORANDUM DATED 21.12.2013 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANJIRAPPALLY BY WHICH THE VEHICLE IS RELEASED TO THE PETITIONER.
ANNEXURE-A4:	PETITION DT.21.10.2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNI IN O.R.NO.1/14 OF KANAMALA FOREST STATION FILED BY THE DEPUTY RANGE FOREST OFFICER, KANAMALA STATION

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RESPONDENT(S)' EXHIBITS - NIL -----------------------

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//TRUE COPY//

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PA TO JUDGE

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RAJA VIJAYARAGHAVAN, V., J.

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Crl.M.C. No. 5652 of 2014

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Dated this the 21^st day of November, 2016

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O R D E R

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~~~~~~~~

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1.Petitioner is the registered owner of a Tipper Lorry bearing Reg.No.KL-5-U-3435. On 21.2.2014, the said vehicle was seized on the allegation that the same was used for transporting sand from the Reserved Forest. O.R.No.1 of 2014 of Kanamala Forest Station was promptly registered alleging offences punishable under Section 27(1)(e)(iii)

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(iv) and (v) of the Kerala Forest Act, 1961.

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2.In the course of proceedings, an application seeking interim release of the vehicle was filed by the petitioner, which was dismissed by the learned Magistrate by Annexure-1 order dated 26.4.2014. The said order is

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under challenge.

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Crl.M.C. No.5652 of 2014 -2-

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3.Learned counsel appearing for the petitioner submits that the vehicle was lying exposed to sun and rain for more than two years and its utility has diminished completely. Referring to Annexure-4 report submitted by the Deputy Range Officer, Kanamala Station, it is submitted that the forest authorities have no serious objection in releasing the vehicle to the petitioner. Learned counsel also relies on the decision of the Apex Court in Shihab etc. v. State of Kerala [2016(2) KLD 366 (SC)] to contend that there is no embargo in releasing the property involved in a forest offence and the same can be released subject to conditions.

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4.Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

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5.In view of Annexure-A4 report filed by the Deputy Range Forest Officer, the vehicle can now be released to the

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Crl.M.C. No.5652 of 2014 -3-

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petitioner subject to conditions.

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6.The vehicle bearing Reg. No.KL-5-U-3435 shall be

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released to the petitioner subject to the following conditions.

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i) The petitioner shall execute a bond for a sum of Rs.Two lakhs with two solvent sureties to the satisfaction of the trial court.

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ii) The petitioner shall satisfy the court below that he is the registered owner of the vehicle.

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iii) The petitioner shall produce the vehicle either before the court below or before the authorities as and when the court may direct.

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iv)The petitioner shall not transfer the vehicle to anybody else nor part with its possession till the disposal of the case.

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Petition is disposed of.

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Sd/RAJA VIJAYARAGHAVAN, V. JUDGE

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Ps/21/1116

V.N.Rajappan v. State of Kerala

Case brief

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V.N.Rajappan v. State of Kerala

Case brief

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