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2023 Supreme(Online)(KER) 18679

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SANOJ.A.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.M.HABEEB, YESMA D. ELAVANTHARA, SILPA V. CHANDRAN, AKHILA JOSEPH

ORDER

This Criminal Miscellaneous Case is filed to quash Annexure-A order passed by the Judicial First Class Magistrate Court-I, Ernakulam, by which, an application submitted by the petitioner under section 451 Cr.P.C is rejected. The case was registered for offences under section 269 of the Indian Penal Code and section

120(e) of the Kerala Police Act .

2. Heard counsel for the petitioner and the learned Public Prosecutor.

3. The allegation against the accused is that, on 20.08.2023 at 2 p.m, toilet waste was dumped using goods carrier (tanker)

bearing registration no. KL 59D 5038.

4. The learned Magistrate dismissed the petition filed under Section 451 of the Code mainly for the reason that the allegation against the accused is very serious and the learned Magistrate also observed that considering the spirit of the order of this Court dated

25.05.2023 in W.P.(C). No.7844/2023, the petitioner is not entitled interim custody. I think there is some force in the above finding of the learned Magistrate.

5. But, the counsel for the petitioner submitted that the vehicle is the livelihood of the petitioner and he is ready to comply any conditions imposed by this Court. It is also submitted

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