ORDER

This Criminal Miscellaneous Case is filed challenging Annexure-A4 order passed by the Judicial First Class Magistrate Court-I, Kochi, in C.M.P.No.1453/2023 in Crime No.1044/2023 of Harbour Police Station. This is an order passed in an application filed under Section 451 of the Code of Criminal Procedure (“the Code” for the sake of brevity).

2. It is alleged that the petitioner is the owner of a Mini Truck (Goods Carrier) bearing Registration No.KL-43/N- 5376. The offences alleged in this case are punishable under Sections 269 and 188 of Indian Penal Code and Section 120 (e) of Kerala Police Act . The vehicle was seized on 30.06.2023 alleging that the same is used for dumping waste water.

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

4. The learned Magistrate dismissed the petition filed under Section 451 of the Code mainly for the reason that the allegation against the petitioner 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 lear