IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 4^TH DAY OF DECEMBER 2024 / 13TH AGRAHAYANA, 1946 CRL.MC NO. 9513 OF 2024 CRIME NO.432/2024 OF KANNAPURAM POLICE STATION, KANNUR AGAINST THE ORDER/JUDGMENT IN CMP NO.749 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR PETITIONER:

AFFALIK ALI K KAREEM AGED 25 YEARS S/O ABDUL KAREEM, RESIDING AT KARIMAKKATTU, VELLOORKUNNAM, AT MUVATTUPUZHA MARKET, MOOVATTUPUZHA ERNAKULAM DIST, REP BY HIS POWER OF ATTORNEY HOLDER VISHNU SANKAR POONHATH, AGED 36 YEARS, S/O PRAKASHAN, RESIDING AT KARIKKAN HOUSE, AZAD NAGAR ROAD, PAPPINISSERY P.O, AROLI KANNUR DISTRICT, PIN - 670561 BY ADVS.

K.N.ABHILASH SUNIL NAIR PALAKKAT RITHIK S.ANAND RISHI VARMA T.R.

SREELAKSHMI MENON P.

RESPONDENTS:

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

2 THE STATION HOUSE OFFICER KANNAPURAM POLICE STATION, KANNUR DISTRICT, PIN - 670301 BY SRI. C.S. HRITHWIK, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

04.12.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER The petitioner is the power of attorney holder of the RC owner of a Tanker Lorry bearing Registration No.KL-13 X 8077, which was seized on 01.08.2024, pursuant to registration of Crime No.432/2024 at the Kannapuram Police Station, for the offences punishable under Section 271 of BNS and Section

120(e) of the Kerala Police Act.

2. The crime is registered on the allegation that the petitioner’s vehicle is being used for dumping sewage and toilet waste in public water bodies and thickly populated area. 3. Learned counsel for the petitioner submits that no purpose is served by detaining the petitioner's vehicle . It is submitted that in the judgment in WP(C).No. 7844 of 2023, this Court has observed that dumping of waste in public properties is a serious offence and there is absolute prohibition against release of the vehicles on interim custody.

4. Learned Government Pleader submitted that, if at all the vehicle is released, that should be on stringent conditions.

5. 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 vehicle, rather than leaving it exposed to rain and sun. On consideration of all relevant aspects, this Court is of the opinion that the petitioner’s vehicle can be released, subject to stringent conditions.

The impugned order is hence set aside and the Crl.M.C.

disposed of, with the following directions;

(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 a 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) Petitioner shall not commit similar offences in the future and if such offences are committed, the police will be free to repossess the vehicle and seek encashment of the Bank Guarantee.

Sd/-

V.G.ARUN JUDGE SPV APPENDIX OF CRL.MC 9513/2024 PETITIONERS’ ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE IMPUGNED ORDER DATED

04.11.2024 IN CMP 749/2024 IN CRIME NO.

432/2024 OF KANNAPURAM POLICE STATION ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE-III, KANNUR ANNEXURE A2 THE TRUE COPY OF THE FIR NO.432/2024 DATED

31.07.2024 OF KANNAPURAM POLICE STATION ANNEXURE A3 THE TRUE COPY OF THE RECEIPT DATED

05.08.2024 ISSUED BY THE CHERUKUNNU GRAMA PANCHAYAT, KANNUR RESPONDENTS ’ ANNEXURES : NIL //TRUE COPY//

PA TO JUDGE