Court favors vehicle release under stringent conditions rather than detention, emphasizing judicial precedent regarding such situations.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 2^ND DAY OF DECEMBER 2024 / 11TH AGRAHAYANA, 1946 CRL.MC NO. 9412 OF 2024 CRIME NO.685/2024 OF Ramamangalm Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED 23.09.2024 IN CMP NO.771 OF

2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY PETITIONER/ACCUSED:

NASEER PM AGED 47 YEARS

20/738 C, PARANGODAN PARAMBIL, GOVT. HOSPITAL ROAD, KACHERIPADY, PALLURUTHY, PIN - 682005 BY ADV GODWIN ANTONY RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT. PUSHPALATHA. M.K, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

02.12.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 2^nd day of December, 2024 Petitioner’s lorry bearing registration No.KL-

11-AD-4295 was seized in connection with Crime No.685 of 2024 registered at the Ramamangalam Police Station for offences punishable under Section 271 of the Bharatiya Nyaya Sanhita , 2023, Section 219S of the Kerala Panchayat Raj Act , 1994 and Section 120 (e) of the Kerala Police Act , 2011.

2. The crime is registered on the allegation that the petitioner’s vehicle was engaged in dumping sewage and toilet waste in water bodies and thickly populated areas.

3. Learned counsel for the petitioner submits that no purpose is served by detaining the petitioner's vehicle. It is contended that the learned Magistrate went wrong in holding that this court has prohibited the release of vehicles engaged in such activities, as per the order in WP(C).No. 7844 of 2023.

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 detaining it, exposed to rain and sun. Therefore, even if the allegations are serious, the vehicle can be released by imposing stringent conditions.

The impugned order is hence quashed 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 SSK/02/12 APPENDIX OF CRL.MC 9412/2024 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR NO. 685/2024 OF THE RAMAMANGALAM POLICE STATION Annexure 2 THE TRUE COPY OF THE AGREEMENT DATED

20.10.2023 ENTERED BETWEEN THE PETITIONER AND THE 1ST ACCUSED IN THE ABOVE CRIME Annexure 3 THE TRUE COPY OF THE ORDER DATED 23.09.2024 OF THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE, KOLENCHERRY RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE