Allowed

Binu T S v. State of Kerala

Kerala HC20 Sept 2023Crl.Rev.Pet/889/2023

Case brief

AI extract

What is this about?

This court allowed a criminal revision petition seeking the release of a lorry seized under Sections 269 and 278 of the IPC. The court revoked the order of forfeiture and directed the return of the vehicle on stringent conditions to prevent future offences.

What did the court decide?

The order retaining the lorry was set aside and custody was granted to the petitioner on conditions prohibiting use for offences under Sections 269 and 278 IPC.

Binu T S Vs State of Kerala — Kerala HC (2023) — LawSathi Research

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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 N.NAGARESH

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WEDNESDAY, THE 20^TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945

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CRL.REV.PET NO. 889 OF 2023

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AGAINST THE ORDER/JUDGMENT CMP 2382/2023 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS I ,PERUMBAVOOR

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REVISION PETITIONER/PETITIONER:

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BINU T S AGED 60 YEARS, S/O SUBRAMANYAM, THARANILATHU HOUSE, THURAVUMKARA P.O, VADAKUMBAGHAM, ERNAKULAM, PIN – 683575.

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BY ADVS. ASHEEK ANTONY C.P.TENNY

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

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BY ADV.SMT.SEENA C, PUBLIC PROSECUTOR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.Rev.Pet.No.889 of 2023

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O R D E R

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Dated this the 20^th day of September, 2023

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The revision petitioner is aggrieved by order dated 24.08.2023 in C.M.P. No.2382 of 2023 in Crime No.1078 of 2023 of Perumbavoor Police Station.

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2 . The lorry of the revision petitioner was seized by the police alleging violation of the offences under Sections 269 and 278 of the India Penal Code, 1960. The revision petitioner submitted that he is the sole and exclusive owner of the lorry bearing registration No.KL-24L-0294. The vehicle is kept exposed to sun and rain and there is a likelihood of it being ruined. The revision petitioner filed C.M.P.No.2382 of 2023 in the Court of the Judicial Magistrate of First Class-I, Perumbavoor and submitted before the court that he is ready to abide by any conditions.

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3 . However, the court below found that the accused in the

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crime had been caught by the police while dumping plywood

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Crl.Rev.Pet.No.889 of 2023

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waste and soot oil beside a house, in a lorry. Therefore, if the lorry

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is released, there is every chance to repeat the crime.

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4 . I have heard the learned Counsel for the revision

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petitioner and the learned Public Prosecutor for the respondent.

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5 . The lorry was seized on 14.08.2023, while it was

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dumping waste in open space. Counsel for the revision petitioner would submit that what was dumped was plywood ash only and

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the ash was not obnoxious so as to attract the provisions of Sections 269 and 278. The defacto complainant is residing in the neighborhood where the plywood ash was dumped.

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6 . Taking into consideration the entire facts and circumstances of the case and taking into consideration the fact that further detention of the lorry is likely to cause damage to the vehicle, I am of the view that the lorry can be directed to be released on stringent conditions.

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7 . In the circumstances, the order dated 24.08.2023 in C.M.P No.2382 of 2023 in Crime No.1078 of the 2023 of the

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Crl.Rev.Pet.No.889 of 2023

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Perumbavoor Police Station passed by the Judicial First Class Magistrate's Court-I, Perumbavoor is set aside. There will be a direction to grant custody of the Bharath Benz bearing registration No.KL-24L-0294 to the revision petitioner on usual terms. It is made clear that the lorry shall not be used for commission of any offence under Sections 269 or 278 of the Indian Penal Code or any other offences. The lorry shall not be alienated or subjected to any encumbrances, without the permission of the Judicial First Class Magistrate's Court-I, Perumbavoor. The revision petitioner shall produce the vehicle before the Court below as and when the Court orders so.

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The Criminal Revision Petition is allowed.

Sd/-

N. NAGARESH

JUDGE

ams

Crl.Rev.Pet.No.889 of 2023

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APPENDIX OF CRL.REV.PET 889/2023

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REVISION PETITIONER'S ANNEXURES

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Annexure A1 CERTIFIED COPY OF THE DISMISSAL ORDER DATED 24.08.2023 BY JFCM COURT-1, PERUMBAVOOR

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Annexure A2 TRUE COPY OF R.C DATED 02.01.2023 OF THE VEHICLE Annexure A3 TRUE COPY OF INSURANCE DATED 12.01.2023 OF THE VEHICLE Annexure A4 TRUE COPY OF CERTIFICATE OF FITNESS DATED 04.02.2023 OF THE VEHICLE Annexure A5 TRUE COPY OF TAX RECEIPT DATED 19.05.2023 OF THE VEHICLE

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Annexure A6 TRUE COPY OF PERMIT IN RESPECT OF GOODS PERMIT (TIPPER) DATED 27.06.2023 OF THE VEHICLE

Binu T S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binu T S v. State of Kerala

Case brief

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What did the court decide?

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