ORDER

This Crl.MC is filed aggrieved by Annexure 2 order passed by the Judicial First Class Magistrate Court-I, Ernakulam in C.M.P No.6775/2023 in Crime No.1407/2023 of Mulavukad Police Station. This was a petition filed under Section 451 Cr.PC to get interim custody of an Auto bearing registration No.KL-07 BR-8926 of the petitioner involved in the above crime, which was registered alleging offence punishable under Section 269 IPC and Section 120 (e) of Kerala Police Act .

2. The allegation against the petitioner is that he committed the offences under Section 269 of the Indian Penal Code and 120(e) of Kerala Police Act . The vehicle was taken into custody when it was found illegally dispossessing waste and polluting water resources on the side of container road near Toll Plaza at Mulavukad Village, near DP world.

3. 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 so