Disposed

Chellamma v. State of Kerala

Kerala HC13 Feb 2024Crl.MC/179/2024

Case brief

AI extract

What is this about?

Petitioner sought interim release of her three-wheeler seized for dumping chicken waste in a public place after the Magistrate dismissed her Section 451 CrPC application citing a Division Bench direction against releasing such vehicles without High Court permission. The court held continued detention opposed to the Sunderbhai Ambalal Desai principle and ordered conditional release to the registere

What the court decided

AI extract

Chellamma Vs State of Kerala — Environment and Pollution | Kerala HC (2024)

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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 BECHU KURIAN THOMAS
TUESDAY, THE 13TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945

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CRL.MC NO. 179 OF 2024

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CRIME NO.527/2023 OF MARAYUR POLICE STATION, IDUKKI
IN C.M.P.NO.2556/2023 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS - I, DEVIKULAM

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PETITIONER/PETITIONER:

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CHELLAMMA
AGED 53 YEARS
W/O. PARAMAN X,
JAWAHAR COLONY MARAYOOR P. O,
PATTIKADU KARA MARAYOOR VILLAGE,
IDUKKI DISTRICT, PIN – 685620

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BY ADVS.
N.K.SHYJU
GIREESH PANKAJAKSHAN
VISHNU MOHAN
SAHLA NECHIYIL
ATHIRA PADMENDHU

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RESPONDENT/RESPONDENT:

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

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BY ADV.
RANJITH T.R,
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.179 of 2024

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-:2:-

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No.179 of 2024

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Dated this the 13^th day of February, 2024

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ORDER

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Petitioner is the owner of a three-wheeler bearing Registration No.KL-21-G-4511. The said vehicle was seized while dumping chicken waste in a public place. Subsequently, an application under Section 451 of Cr.P.C was filed and the learned Magistrate has, by the impugned order dismissed the application after referring to the order of the Division Bench of this Court in W.P.(C). No.7844/2023.

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I have heard Sri. N.K.Shyju, the learned counsel for the petitioner as well as Sr. Ranjith T.R, the learned Public Prosecutor.

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In the order dated 07.07.2023 in W.P.(C). No.7844 of 2023, a Division Bench of this Court observed that the seizure of vehicles dumping waste in public places is to prevent degradation of the environment. It was further observed that such vehicles seized for dumping waste ought not to be released without getting permission from this Court. In view of the above, there is no perversity in the impugned order.

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However, since the vehicle was seized on 19.11.2023 and has been under detention for the last more than two months, I am of the view

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Crl.M.C.No.179 of 2024

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-:3:-

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that, the continued detention would be opposed to the principle in Sunderbhai Ambalal Desai. V. State of Gujarat [2002(10) SCC 283]. Therefore, the vehicle ought to be released to the registered owner. However, strict conditions ought to be imposed while directing the release of the vehicle.

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In the above circumstances, though there is no perversity in the impugned order, I am of the view that, the vehicle owned by the petitioner can be released to her on the following conditions.

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i. Petitioner shall execute a bond for Rs.2,00,000/- with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Magistrate.

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ii. Petitioner shall file an affidavit, undertaking that she shall not use the vehicle for commission of similar offences.

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iii. In case, the vehicle is found indulging in commission of similar offences, the proceedings for confiscation shall be initiated immediately.

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iv. Vehicle shall be produced before the Jurisdictional Magistrate or the Investigating Officer, as and when required.

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Crl.M.C is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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Jka/13.02.24.

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Crl.M.C.No.179 of 2024

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-:4:-

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APPENDIX OF CRL.MC 179/2024

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PETITIONER’S ANNEXURES

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Annexure IA TRUE COPY OF THE FIR IN CRIME. NO.
527/2023 OF MARAYOOR POLICE STATION.
Annexure IIA TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE AUTORIKSHAW BEARING
REGISTRATION NUMBER KL21G- 4511.
Annexure IIIFREE COPY OF THE ORDER IN CMP. NO.
2556/2023, DATED 05.12.2023 OF JUDICIAL
FIRST CLASS MAGISTRATE, DEVIKULAM.

Chellamma v. State of Kerala

Case brief

What is this about?

What the court decided

Chellamma v. State of Kerala

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