Allowed

Bibin Benny v. State of Kerala

Kerala HC6 Nov 2019Crl.Rev.Pet/1065/2019

Case brief

AI extract

What is this about?

In this criminal revision petition, the High Court of Kerala deleted a condition from an impugned order requiring the petitioner to produce original vehicle documents. The Court held that since the petitioner was already established as the registered owner and the documents were with the seized vehicle, insisting on their production was unnecessary for releasing the car to interim custody.

What did the court decide?

The condition in the impugned order requiring the petitioner to produce original registration, insurance, and tax certificates for verification is deleted; vehicle released to interim custody.

Bibin Benny Vs State of Kerala — Property and Title | Kerala HC (2019)

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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 R. NARAYANA PISHARADI

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WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

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Crl.Rev.Pet.No.1065 OF 2019

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AGAINST THE ORDER IN CMP 7257/2019 DATED 28.09.2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, ETTUMANNOOR

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REVISION PETITIONER/PETITIONER:

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BIBIN BENNY AGED 25 YEARS S/O. BENNY THOMAS, PARIYATHUMALIN HOUSE, KUMARANELLOOR P.O., KOTTAYAM, PIN-686 010.

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BY ADV. SRI.T.M.ABDUL LATHEEF

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RESPONDENT/CR PETITIONER:

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

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SRI C S HRITHWIK-SR PP

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.Rev.Pet.No.1065 OF 2019

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ORDER

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This revision petition is filed challenging one of the conditions stated in the order dated 07.09.2019 passed by the Judicial First Class Magistrate-I, Ettumannoor, in an application filed by the petitioner under Section 451 Cr.P.C for releasing a car to his interim custody.

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The prosecution case is that, the father of the petitioner had given on rent the car No. KL-5/AQ-8180 to the accused, but the accused did not pay the rent and he also did not return the vehicle and thereby committed the offences punishable under Sections 406 and 420 IPC.

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The aforesaid car was seized by the police during the investigation of the case registered as Crime No.1291/2019 of Gandhinagar Police Station and it was produced before the Court. The petitioner, who claimed to be the registered owner of the vehicle, filed application under Section 451 Cr.P.C for releasing the vehicle to his interim custody. As per the impugned order, the learned Magistrate allowed the application on certain conditions.

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Crl.Rev.Pet.No.1065 OF 2019

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One of the conditions is that the petitioner shall produce the original of his licence, the registration certificate, insurance certificate and tax certificate of the vehicle for verification along with an original document to prove his identity and copies of the same. Aggrieved by the aforesaid condition, the petitioner has filed this revision petition.

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

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The learned Magistrate has found that the petitioner is the registered owner of the vehicle. It is only after finding that he is the registered owner of the vehicle, the application filed by him was allowed and interim custody of the vehicle was granted to him.

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The learned counsel for the petitioner would submit that the original of the registration certificate, insurance certificate and tax certificate were in the vehicle itself which was given to the accused and therefore, he is not in a position to produce the original of those documents before the Court for verification. Therefore, it is prayed that the aforesaid condition may be deleted.

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The learned Public Prosecutor, on instructions, has

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Crl.Rev.Pet.No.1065 OF 2019

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submitted that the original of the documents were not found in the car which was seized by the police.

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Since the learned Magistrate has already found that the petitioner is the registered owner of the vehicle, in view of the inability of the petitioner to produce the original documents before the Court now, I find that there is no necessity for insisting production of the original documents in respect of the vehicle in the Court, before releasing the vehicle to the interim custody of the petitioner. On a perusal of the impugned order, it is seen that other conditions necessary to ensure production of the vehicle by the petitioner as and when directed by the Court have been imposed by the learned Magistrate. In these circumstances, I find that the condition regarding production of original of the registration certificate, insurance certificate and tax certificate can be deleted.

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Consequently, the revision petition is allowed as follows: The condition imposed in the impugned order that the petitioner shall produce in the Court the original of the registration certificate, insurance certificate and tax certificate in respect of vehicle No. KL-5/AQ-8180 for verification is deleted. The vehicle

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Crl.Rev.Pet.No.1065 OF 2019

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shall be released to the interim custody of the petitioner on

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complying with the other conditions in the impugned order.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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SVP

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Crl.Rev.Pet.No.1065 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A-1 TRUE COPY OF VEHICLE PARTICULAR ANNEXURE A-2 TRUE COPY OF THE CAR RENTAL AGREEMENT ANNEXURE A-3 CERTIFIED COPY OF FIR IN CRIME NO.1291 OF GANDHINAGAR POLICE STATION

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ANNEXURE A-4 TRUE COPY OF THE STATEMENT GIVEN TO THE POLICE

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RESPONDENT'S EXHIBITS: NIL

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//TRUE COPY//

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Sd/-

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PA TO JUDGE

Bibin Benny v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bibin Benny v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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