Crl.MC/7926/2024 of SUNIL Vs STATE OF KERALA, on 8 April 2025

ORDER

Dated this the 8th day of April, 2025

Petitioner’s vehicle bearing registration No.58 G 3766 was seized on 01.08.2023, alleging that it was found dumping septic tank waste on the side of the public road, thereby committing offences punishable under Section 269 r/w Section 34 of IPC and Section 120(e) of the Kerala Police Act, 2011. Petitioner’s initial application for release of the vehicle was rejected on 04.10.2023 by the jurisdictional Magistrate. Thereupon, petitioner approached this Court in Crl.M.C No.8936 of 2023, which was also dismissed on finding that the vehicle was involved in two other cases of similar nature. Later, the petitioner filed Crl.M.C No.58 of 2024 seeking a direction to release the vehicle on interim custody and that case was disposed of permitting the petitioner to file a fresh application, and directing the Magistrate to consider the application in accordance with law. Accordingly, the petitioner preferred C.M.P No.1455 of 2024 before the Judicial First Class Magistrate Court, Kalamassery which stands dismissed by Annexure A3 order. Hence, this Crl.M.C.

2. Learned Counsel for the petitioner submits that the vehicle was seized way back on 01.08.2023 and there is no justification in detaining the vehicle for more than 11/2 years. It is the contention of the learned Counsel that pendency of another crime of similar nature, cannot be projected as a reason for rejecting the prayer. It is also argued that the court below committed gross illegality in declining the prayer by relying upon the order of this Court in W.P.(C) No.7844 of 2023.

3. Learned Public Prosecutor submitted that pendency of another crime of similar nature is a relevant factor and hence, the application for interim custody of the vehicle was rightly rejected.

4. Indisputably, the vehicle was seized way back on 01.08.2023. As held by the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], it is always appropriate to release the seized vehicle, rather than detaining it, resulting in damage and deterioration of value. Therefore, even though the alleged offences are very serious, the vehicle can be released on stringent conditions. There is also merit in the contention that in the Division Bench order of this court there is no absolute interdiction against release of vehicles involved in such crimes.

Taking the above factors into consideration, the Crl.M.C. is disposed of by quashing Annexure A3 and ordering release of petitioner’s vehicle bearing registration No.58 G 3766 subject to the following conditions;

(i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Magistrate and undertake to produce the vehicle before the Court as and when directed.

(ii) Petitioner shall furnish Bank Guarantee for Rs.2,00,000/- [Rupees Two lakhs only] before the jurisdictional Magistrate.

(iii) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case.

(iv) Petitioner shall participate in the trial as well as the confiscation proceedings, if any initiated.

(v) If petitioner commits similar offence in future, police will be free to repossess the vehicle and seek encashment of the Bank Guarantee. Sd/- V.G.ARUN JUDGE SSK/08/04

APPENDIX OF CRL.MC 7926/2024 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL 58 G 3766 ISSUED IN THE NAME OF THE PETITIONER Annexure A2 A TRUE COPY OF THE FIR NO. 1101/2023 OF ELOOR POLICE STATION DATED 02.08.2023 Annexure A3 A TRUE COPY OF THE ORDER OF THE HON’BLE JFCM COURT, KALAMASSERY IN CMP.NO.1455/2024 DATED 30.08.2024 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE