Dismissed

Santhosh Kumar.R v. State of Kerala

Kerala HC6 Jun 2024Crl.MC/307/2024

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition challenging a lower court order granting custody of a bus to the respondent. The Court held that since the petitioner admitted the sale and transfer of possession, the impugned order was not perverse and possessed valid reasons. The petition under Section 482 Cr.P.C. was found to have no merit.

What did the court decide?

The criminal miscellaneous case under Section 482 Cr.P.C. was dismissed finding no merit in the petition.

Santhosh Kumar.R Vs State of Kerala — Contract and Commercial Disputes | 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

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THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

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CRL.MC NO. 307 OF 2024

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CRIME NO.1083/2023 OF Yeroor Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.6948 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR
PETITIONER/ACCUSED:

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SANTHOSH KUMAR.R
AGED 50 YEARS

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S/O RAMACHANDRAN PILLAI RESIDING AT KIZHAKKEVILA
PUTHEN VEEDU, VAKKANADU, VAKKANADU-P.O, KAREEPRA,
VAKKANADU, (VIA), KAREEPRA VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT-691509 REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER, , VIJAYAKUMAR.L AGED 59,
S/O LEKSHMANAN RESIDING AT SREEMOOLAM, ARTHINGAL,
KADAKKAL-P.O, KADAKKAL VILLAGE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT--, PIN – 691536

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENT/S/COMPLAINANT/STATE:

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

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2 KUNJUMON

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S/O GEEVARGHESE, VADAVATTU NEW BHAVAN, VILANGARA,
UMMANNOOR VILLAGE, CHEPRA TALUK, KOLLAM DISTRICT-,
PIN – 691520

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BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN(K/001165/2006)
RADHIKA S.ANIL(K/000183/2019)

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OTHER PRESENT:

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SRI. NOUSHAD K. A. (Public Prosecutor)

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Crl.M.C. No. 4064 of 2024

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 4064 of 2024

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BECHU KURIAN THOMAS, J

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Crl.M.C.No. 307 of 2024

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Dated this the 6^th day of June, 2024

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ORDER

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Petitioner challenges a common order dated 03.01.2024 in CMP No. 6948/2023 and CMP No. 6982/2023 on the files of Judicial First Class Magistrate Court-1, Punalur.

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The petitions were filed under Section 451 Cr.P.C for release of a bus bearing registration No. KL-07-BG-3513 which is allegedly involved in Crime No. 1083/2023 of Yeroor Police Station. CMP No. 6948/2023 was filed by the petitioner while CMP No. 6982/2023 was filed by the 2^nd respondent. The learned Magistrate by the impugned order granted custody of the vehicle to the 2^nd respondent.

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I have heard Shri. P. Anoop, learned counsel for the petitioner as well as Shri. K.V.Anil kumar, learned counsel for the second respondent and Shri. Noushad K.A, learned Public Prosecutor.

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On a reading of the impugned order, it is noticed that the learned Magistrate concluded that possession of the bus was transferred to the 2^nd respondent on the basis of a contract of sale, which was admitted by the petitioner herein. The report of the Sub Inspector of Police also indicated that the petitioner had sold the bus on 25.10.2023 to the 2^nd respondent and pursuant to the transfer of

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Crl.M.C. No. 4064 of 2024

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possession, the 2^nd respondent even used the bus utilizing the permit granted from 25.10.2023 till 30.12.2023. Thereafter, on 01.11.2023, petitioner is alleged to have taken the bus from the possession of the 2^nd respondent without any authority. In Giji v. A.K. Gopinathan Nair [1995 (2) KLT 393], it has been observed that a person who acquired possession of a property through unlawful means and by commission of an offence, ought not to be given interim custody, to enable him to enjoy the benefits of his own crime.

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Since, the transfer of possession of the bus based on a contract of sale is not disputed by the petitioner and bearing in mind the nature of custody granted under an order of the Court in exercise of the powers under Section 451 of Cr.P.C, I am of the view that, the impugned order does not suffer from any perversity. In view of the valid and weighty reasons recorded by the learned Magistrate in the impugned order, I find no merit in this petition under Section 482 of Cr.P.C. Accordingly, this Criminal Miscellaneous case is dismissed.

Sd/-

BECHU KURIAN THOMAS

JUDGE

Sngi

Crl.M.C. No. 4064 of 2024

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APPENDIX OF CRL.MC 307/2024

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PETITIONER ANNEXURES

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`Annexure A1`	`A TRU`	`E COPY`	`OF THE REGISTRATION`
	`PARTICU` `2023 WI`	`LARS OF` `TH REGIS`	`THE VEHICLE DATED 28-12-` `TRATION NO KL-07-BG-3513`
`Annexure A2`	`A TRUE` `DETAILS` `NO KL-0`	`COPY OF` `OF THE` `7-BG-351`	`THE STAGE CARRIAGE PERMIT` `VEHICLE WITH REGISTRATION` `DATED -01-08-2022`
`Annexure A3`	`A TRUE` `OF THE` `07-BG-3`	`COPY OF` `VEHICLE` `513`	`THE INSURANCE PARTICULARS` `WITH REGISTRATION NO KL-`
`Annexure A4`	`A TRUE` `2023 OF`	`COPY OF` `YEROOR`	`THE FIR IN CRIME 1083 OF` `POLICE STATION`
`Annexure A5`	`A TRUE` `2023 OF`	`COPY OF` `YEROOR`	`THE FIR IN CRIME 52 OF` `POLICE STATION`
`Annexure A6`	`A TRUE` `07/07/2`	`COPY O` `023`	`F THE COMMUNICATION DATED`
`Annexure A7`	`A TRUE` `6948/20` `PETITIO`	`COPY` `23 DATED` `NER UND`	`OF THE PETITION NO CMP` `16-12-2023 FILED BY THE` `ER SEC.451 CR.PC BEFORE`
	`JUDICIA` `PUNALUR`	`L FIRST`	`CLASS MAGISTRATE COURT-1,`
`Annexure A8`	`A TRUE` `01-2024`	`COPY OF` `IN C`	`THE ABOVE ORDER DATED 03-` `MP. NO.6948/2023 & CMP`
	`NO.6982` `YEROOR` `FIRST C`	`/2023 I` `POLICE` `LASS MAG`	`N CRIME NO.1083/2023 OF` `STATION OF THE JUDICIAL` `ISTRATE COURT-1, PUNALUR`

Santhosh Kumar.R v. State of Kerala

Case brief

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Santhosh Kumar.R v. State of Kerala

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