This court allowed a petition seeking relief regarding conditions imposed on a seized vehicle causing risk of depreciation due to weather and hindering its sale to realize debt, despite pending criminal charges.
Condition Nos.1, 3 and 4 regarding embargo on alienation and execution of bond were lifted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941
OP(Crl)No.93 OF 2020
AGAINST ST 3158/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR
PETITIONERS:
1 M/S. INDUSIND BANK LTD. HAVING REGISTERED OFFICE AT NO.34, G.N.CHETTY ROAD, T.NAGAR, CHENNAI AND ALSO HAVING REGIONAL STATE OFFICE AT RAMABHAVAN, PARUTHELI PALAM, TOLL JUNCTION, EDAPPALLY REPRESENTED BY ITS CHIEF MANAGER (LEGAL) MR.BISIN.K.S., AGED 45, S/O.SANKARAN.
2 BISIN.K.S., AGED 45 YEARS S/O.SANKARAN, CHIEF MANAGER(LEGAL), M/S. INDUSIND BANK LTD., HAVING REGISTERED OFFICE AT NO.34, G.N.CHETTY ROAD, T.NAGAR, CHENNAI AND ALSO HAVING REGIONAL STATE OFFICE AT RAMABHAVAN, PARUTHELI PALAM, TOLL JUNCTION, EDAPPALLY.
BY ADV. SRI.VARGHESE C.KURIAKOSE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, ANCHAL-691 301.
3 RENJU.S., S/O.SOMARAJAN, MANOJ BHAVAN, PANAYAM,EROOR, KOLLAM-691 312.
OP(Crl.).No.93 OF 2020
2
4 VIJAYAMMA.P., W/O.MADHAVAN, MANOJ BHAVAN, PANAYAM, EROOR, KOLLAM-691 312.
OTHER PRESENT:
SR.PP. SRI. HRITHWIK
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No.93 OF 2020
3
JUDGMENT
Dated this the 17th day of February 2020
Petitioner is the hirer of the vehicle No.KL-25 J 7178
which was seized from the hire purchaser registered owner of
the vehicle for having been involved in S.T.No.3158/2019 for
offences punishable under Section 279 of the IPC and under
Section 185 of the MV Act. The vehicle is kept in the police
station premises exposed to rain and sun. The petitioner being
the hirer under the hypothication agreement is entitled to get
repossession of the vehicle and put it up for sale, in case there
is a default of payment of the debt by the borrower. He applied
under Section 451 Cr.P.C before the Judicial First Class
Magistrate Court-I, Punalur to get possession of the vehicle.
The vehicle was released to him on condition that it shall not
be alienated or disposed nor make any alteration. The
petitioner is aggrieved with the said condition because being a
hirer under the hypothication agreement, the only way to
realise the amount is by selling the property. The learned
Magistrate has also in impugned order Ext.P3 directed that
the photograph of the vehicle be taken and preserved. But at
OP(Crl.).No.93 OF 2020 4
the same, it is also directed that the vehicle shall not be
alienated and that it shall be produced as and when directed.
The condition would be difficult to comply in view of the fact
that the vehicle may have to be sold for realization of the
amount by the time the trial commences and by the time the
criminal case is disposed of, it is possible that the value of
vehicle may be diminished.
2.Under the circumstance, I find that there is
substance in the contentions raised by the petitioner and
therefore, condition Nos.1,3 and 4 regarding embargo created
for alienation of the property and for execution of the bond
undertaking to produce the property as and when called for
are to be lifted.
Accordingly, the OP(Crl) is allowed and the impugned order Ext.P3 stands modified as above.
Sd/-
ASHOK MENON
JUDGE
ska
OP(Crl.).No.93 OF 2020
5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE TRANSACTION DETAILS PERTAINING TO THE VEHICLE. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE ORDER DATED 02.09.2019 TO CHIEF JUDICIAL MAGISTRATE, KOLLAM. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE ORDER DATED 23.11.2019 IN CMP NO.2063/2019.
3 issues framed by the court
Whether conditions embargoing alienation of the seized vehicle and requiring execution of a bond to produce it should be lifted.
Whether a hypothication agreement holder can sell a seized vehicle to realize the debt.
Whether conditions requiring preservation of the vehicle and prohibition of its sale impede the realization of the debt.
3 provisions across 3 enactments
M/S. INDUSIND BANK LTD.
BISIN.K.S.
STATE OF KERALA
THE SUB INSPECTOR OF POLICE
RENJU.S.
VIJAYAMMA.P.
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court