Allowed

Rajeev v. State of Kerala,Represented by Public Prosecutor

Kerala HC17 Mar 2023Crl.MC/1031/2023

Case brief

AI extract

What is this about?

Nugatory criminal miscellaneous case where the High Court held that retaining original vehicle documents instead of certified copies during bail is improper. The Court modified the Magistrate's order to allow retention of only certified/attested copies after comparison.

What did the court decide?

Condition No. 2 in the impugned order modified: Petitioner to produce original documents along with certified/attested copy; after comparison, the certified/attested copy shall be retained in safe cus

Rajeev Vs State of Kerala,Represented by Public Prosecutor — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

FRIDAY, THE 17^TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944

¶5

CRL.MC NO. 1031 OF 2023

¶6

CMP 3029/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,

¶7

MAVELIKKARA

¶8

PETITIONER :

¶9

RAJEEV, AGED 46 YEARS, S/O RAGHAVAN, PONNUVEETIL, PERINGALA MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN – 690 559

¶10

BY ADV M.R.SASITH

¶11

RESPONDENTS/ COUNTER PETITIONERS :

¶12

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031

¶13

2 THE THAHASILDHAR, KAYAMKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031

¶14

BY SMT.SREEJA V., PUBLIC PROSECUTOR

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :

¶16

CRL.MC NO. 1031 OF 2023

¶17

¶18

BECHU KURIAN THOMAS, J.

¶19

Crl.M.C.No.1031 of 2023

¶20

Dated this the 17^th day of March, 2023

¶21

ORDER

¶22

Petitioner is the registered owner of a vehicle bearing Registration No.KL-29 N-5956, which was seized by the police under the Mines and Minerals (Development and Regulation) Act, 1957 for alleged illegal transportation of gravel.

¶23

When the petitioner approached the learned Magistrate under Section 457 of the Code of Criminal Procedure, 1973, the learned Magistrate allowed the application, but imposed amongst other conditions that the original document of the vehicle shall be produced and be retained in safe custody of the court.

¶24

The original documents of the vehicle are required to be kept with the vehicle to be produced as and when demanded by the inspecting officers of the police or the Motor Vehicles Department. No purpose would be achieved by the court retaining the originals of such documents of vehicle.

¶25

In view of the above, the condition directing production of the original documents of title to be retained by the court is improper and irregular. The certified/ attested copy of the original documents alone will be sufficient to be retained. However, that can be done after comparing

¶26

¶27

CRL.MC NO. 1031 OF 2023

¶28

with the originals. Therefore, condition No.2 in paragraph 7 of the order dated 26.07.2022 in C.M.P.No.3029/2015 on the files of the Judicial First Class Magistrate's Court-II, Mvelikkara shall stand modified as follows :-

¶29

'Petitioner shall produce the original documents of the

¶30

vehicle along with the certified/ attested copy of the same and after comparison, the certified/ attested copy shall be retained in the safe custody of the court and the original documents shall be released to the petitioner.'

¶31

The Crl.M.C.is allowed as above.

¶32

Sd/- BECHU KURIAN THOMAS, JUDGE

¶33

RKM

¶34

CRL.MC NO. 1031 OF 2023

¶35

¶36

APPENDIX OF CRL.MC 1031/2023

¶37

PETITIONER'S ANNEXURES :

¶38

Annexure A1	CERTIFIED COPY OF THE ORDER IN CMP NO 3029/2022 BEFORE THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT-II, MAVELIKARA DATED 26.07.2022
Annexure A2	TRUE COPY OF ORDER IN CRL MC NO 538/2020 OF HIGH COURT OF KERALA DATED 21/01/2020
Annexure A3	TRUE COPY OF ORDER IN CRL MC NO 3429/2020 OF HIGH COURT OF KERALA DATED 28/07/2020
Annexure A4	TRUE COPY OF ORDER IN CRL MC NO 3369/2019 OF HIGH COURT OF KERALA DATED 17/05/2019

Rajeev v. State of Kerala,Represented by Public Prosecutor

Case brief

What is this about?

What did the court decide?

Rajeev v. State of Kerala,Represented by Public Prosecutor

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

Haris Vs State of Kerala

Abubacker Vs State of Kerala

Aravind Vs State of Kerala

Ramakrishna Pillai v Vs State of Kerala

Holy Trinity Anglo-Indian International School, Vs State of Kerala

Ibrahimkunji. M. @ Khaleel Vs State of Kerala