Allowed

Raveendra.M v. State of Kerala

Kerala HC10 Feb 2017Crl.MC/582/2017

Case brief

AI extract

What is this about?

The court allowed the criminal miscellaneous petition seeking release of seized sand. The court ordered release of sand seized with a vehicle subject to an additional bond and samples being drawn if the petitioner chooses to set up a defense regarding sand quality during trial.

What did the court decide?

Criminal miscellaneous case allowed; sand seized along with vehicle released upon execution of additional bond for Rs. 25,000 and giving two solvent sureties, subject to drawing samples if petitioner

Raveendra.M Vs State of Kerala — Property and Title | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

FRIDAY, THE 10TH DAY OF FEBRUARY 2017/21ST MAGHA, 1938 Crl.MC.No. 582 of 2017 ()

¶5

AGAINST THE ORDER/JUDGMENT IN CMP 2789/2016 of J.M.F.C.-II, KASARAGOD DATED 22-12-2016 CRIME NO. 632/2016 OF KUMBLA POLICE STATION, KASARGOD

¶6

PETITIONER(S):

¶7

RAVEENDRA.M AGED 53 YEARS, S/O. MANJAPPA, VINAYAKA NILAYA, BENJANAPADAV, BANTWAL TALUK, KARNATAKA STATE, REPRESENTED BY POWER OF ATTORNEY HOLDER JOSEPH CHOVENRIKUDI, S/O. KURIACHAN, CHOVVELIKUDIYIL, VELLAD P.O, NEDUVIL, KANNUR DISTRICT, RAVEENDRA NOW RESIDING AT MANJESHWAR, KASARGOD DISTRICT.

¶8

BY ADV. SRI.P.M.ZIRAJ

¶9

RESPONDENT(S)/COMPLAINANT:

¶10

1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM FOR SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, KASARGODE DISTRICT IN CRIME NO. 632/2016, PIN - 682 031.

¶11

2. SUB INSPECTOR OF POLICE KUMBLA POLICE STATION, KASARGOD DISTRICT - 671 571.

¶12

BY PUBLIC PROSECUTOR SRI.T.R.RANJITH

¶13

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Crl.MC.No. 582 of 2017 () -------------------------

¶15

APPENDIX

¶16

PETITIONER(S)' EXHIBITS -----------------------

¶17

ANNEXURE A1 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN CRIMINAL M.C NO.7059/2016.

¶18

ANNEXURE A2 TRUE COPY OF THE SAID ORDER DATED 22.12.2016 IN CMP NO. 2789/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KASARAGOD.

¶19

ANNEXURE A3 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 25.11.2016 IN CRIMINAL M.C NO. 7699/2016.

¶20

RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

SUNIL THOMAS, J.

Crl. M. C. No. 582 of 2017

¶26

Dated this the 10^th day of February, 2017

¶27

O R D E R

¶28

The petitioner herein was originally charged with offence punishable under Section 379 IPC and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. By order of this Court, the offence under Section 379 IPC and Section 20 of the Sand Act was quashed.

¶29

In the meanwhile, the petitioner sought for release of the vehicle by filing CMP No.2789/2016. The grievance of the petitioner herein is that, though the vehicle was ordered to be relased Annexure A1 order is silent about the sand. He seeks to release the sand accordingly.

¶30

Heard the learned Public Prosecutor and the learned counsel for the petitioner.

¶31

From the impugned order it is clear that, the request was for release of the vehicle No.KA-19-AB-9705. However, having regard to the fact that the vehicle along with the sand was seized and the proceedings under the MMDR Act can continue in spite of quashing of the remaining proceedings, of course, he is entitled to compound the offence in accordance with law or to

¶32

Crl. M. C. No. 582 of 2017 2

¶33

contest the proceedings. The only anxiety of the learned Public Prosecutor was that, if the sand is ordered to be released without drawing samples and conducting test, probably a defence may be likely to be set up in future regarding the quality of sand. However, that can be taken care of by directing that the sand may be released subject to drawing of the sample if the petitioner proposes to set up a defence touching upon the quality of the sand in future. Otherwise such a defence will not be available to them.

¶34

Crl.M.C. is allowed directing that the sand seized along with vehicle No.KA-19-AB-9075 will be released to the petitioner herein on he executing an additional bond for a sum of 25,000/-₹ (Rupees twenty five thousand only) with two solvent sureties subject to the condition that if they propose to set up a defence touching upon the quality of sand at the time of trial, the sample shall be drawn in accordance with law.

¶35

Sd/-

¶36

SUNIL THOMAS, JUDGE.

¶37

Raveendra.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Raveendra.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sarath Vs State of Kerala

Nejimon P.M Vs State of Kerala

Aboobackker Baseer Vs the State of Kerala

Sasi Vs State of Kerala

Abbas Vs the Sub Insepctor of Police

Manikhadan T.R Vs the State of Kerala