IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18^TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946 CRL.MC NO. 1100 OF 2025 CRIME NO.1066/2024 OF Thadiyittaparamba Police Station, Ernakulam PETITIONER/PETITIONER/ACCUSED:

MUHAMMED ANAS AGED 36 YEARS SON OF UMMAR, SAIDUKUDY HOUSE, KUZHIVELIPPADY, EDATHALA P.O., ALUVA EAST VILLAGE, ERNAKULAM DISTRICT, PIN – 683561.

BY ADVS.

P.M.ZIRAJ IRFAN ZIRAJ RESPONDENT/RESPONDENT AND COMPLAINANT:

1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, PIN – 682031.

2 THE SUB INSPECTOR OF POLICE THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DISTRICT, PIN – 683105.

SMT. PUSHPALATHA. M.K, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

18.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O RDER Petitioner’s lorry bearing registration No.KL-41-B-0776 was seized in connection with Crime No.1066 of 2024 registered at the Thadiyittaparambu Police Station for offences punishable under Sections 270, 271 of the Bharatiya Nyaya Sanhita, 2023 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 waste in a private property.

3. Learned counsel for the petitioner submits that no purpose is served by detaining the petitioner's vehicle and the learned Magistrate committed a mistake by holding that this court has prohibited the release of vehicles engaged in such activities.

4. Learned Public Prosecutor 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 seized vehicle, rather than detaining it, resulting in damage and deterioration of value. Therefore, even though the alleged offence is very serious, the vehicle can be released on 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 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) If petitioner commits similar offence in future, police will be free to repossess the vehicle and seek encashment of the Bank Guarantee.

Sd/-

V.G.ARUN JUDGE

Sru

APPENDIX OF CRL.MC 1100/2025 PETITIONER’S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 24.12.2024 IN CRIME NO. 1066 OF 2024 OF THADIYITTAPARAMBU POLICE STATION.

Annexure 2 CERTIFIED COPY OF THE ORDER DATED 9.1.2025 IN C.M.P.NO.9 OF 2025 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III PERUMBAVOOR.

Annexure 3 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 27.09.2023 IN CRL.M.C. NO. 7361 OF 2023.