Dismissed

Suresh Kumar v. State of Kerala

Kerala HC8 Jun 2018Crl.MC/2394/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous case deals with the rejection of an application filed by an accused to release a vehicle seized during an investigation. The High Court dismissed the petition, holding that releasing the car would hinder the investigation and trial. The vehicle was involved in committing the crime, and its number plate was forged.

What did the court decide?

The High Court dismissed the criminal miscellaneous case challenging the order refusing release of the seized vehicle.

Suresh Kumar Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940

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Crl.MC.No. 2394 of 2018

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CMP.NO.850/2018 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,CHENGANNUR. CRIME NO.828/2017 OF CHENGANNOOR POLICE STATION , ALAPPUZHA.

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PETITIONER(S)/PETITIONER

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SURESH KUMAR, AGED 50 YEARS, S/O. KRISHNAN KUTTY, IDAYILE VEEDU, PENNUKARA MURI, ALA VILLAGE, CHENGANNUR TALUK, NOW RESIDING AT TOP FLOOR, F1-61, ARYASAMAJAM ROAD, NEW DELHI.

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BY ADVS.SRI.K.SHAJ SRI.RENJIT GEORGE

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RESPONDENT(S)/RESPONDENT/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.

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2. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, CHENGANNUR - 689 121.

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BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2394 of 2018 ()

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APPENDIX

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PETITIONER(S)'ANNEXURES

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ANNEXURE A1 THE COPY OF THE ORDER DATED 16.02.2018 IN CMP NO. 850/218 IN CRIME NO. 828/2017 OF CHENGANNUR POLICE STATION IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE - 1, CHENGANNUR.

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RESPONDENT(S)'ANNEXURES - NIL

/TRUE COPY/

PS TO JUDGE

11.06.2018

K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 2394 of 2018

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Dated this the 8^th day of June, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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The petitioner is the accused in Crime No.828 of 2017

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of Chengannur Police Station registered for the offences under Sections 380, 457 & 461 of the Indian Penal Code. The allegation is that on the relevant date, at night he trespassed into an ATM counter maintained by a bank, cut open the machine and committed theft of money. It was in a car he reached the place of occurrence. This was seized and produced by the police before the magistrate. He filed an application under Section 451 Cr.P.C. for releasing the vehicle. By Annexure A1 order, the learned magistrate dismissed it. It was observed that the investigation is still going on and if the vehicle is released at this stage, there is every likelihood of his repeating similar offences. This is challenged.

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..2..

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Crl.M.C. No. 2394 of 2018

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

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The number plate of the car showed that it was registered at Delhi. The occurrence took place at Chengannur in Kerala. The investigation has revealed that the number plate displayed on the car was a forged one. The number displayed was KL 29 B 6699. So, the car is directly involved in the commission of the offence. If it is released now, it will certainly affect the trial of the case. So, the learned magistrate was fully justified in refusing to release the vehicle. There is no merit in this Crl.M.C.

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In the result, this Crl.M.C. is dismissed.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/08.06.2018

Suresh Kumar v. State of Kerala

Case brief

What is this about?

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Suresh Kumar v. State of Kerala

Case brief

What is this about?

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