IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 10^TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.MC NO. 2983 OF 2025 CRIME NO.297/2025 OF Kalady Police Station, Ernakulam ORDER DATED 13.03.2025 IN CMP NO.289 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IV, PERUMBAVOOR PETITIONER:

JOHNSON AGED 36 YEARS S/O OUSEPH, 15/652 MADATHICIRA INDIRAGANDHI ROAD, EDAKOCHI, ERNAKULAM, PIN - 682010 BY ADVS.

KHADEEJA RISHBATH KALLINGAL ABHILASH AKBAR SYAM K.P.

JOSHNA JOY POOJA K.

ASHISH GOPAL K.G SUBINI P.C. RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI. M.C. ASHI, PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

10.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 10^th day of April, 2025 Petitioner’s vehicle bearing registration No.KL-58-E-1101 was seized in connection with Crime No.297 of 2025 registered at the Kalady Police Station for offences punishable under Section 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 found engaged in dumping waste water into a public canal.

3. Learned counsel for the petitioner submits that no purpose is served by detaining the petitioner's vehicle and the learned Magistrate went wrong in 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 to be 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 Criminal Miscellaneous Case is 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 file an affidavit stating the manner in which he proposes to dispose of the sewage waste along with details of the authorized facility/unit, if the sewage waste is still there in the vehicle.

(iv) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case.

(v) Petitioner shall participate in the trial as well as the confiscation proceedings, if any, initiated. (vi) 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 SSK/10/04 APPENDIX OF CRL.MC 2983/2025 PETITIONER ANNEXURES Annexure I THE COPY OF THE FIR DATED 02.03.2025 IN CRIME NO. 297 OF 2025 REGISTERED BY KALADY POLICE STATION, ERNAKULAM DISTRICT Annexure II THE CERTIFIED COPY OF THE ORDER DATED

13.03.2025 IN CMP NO. 289/2025 IN CRIME NO.297 OF 2025 OF KALADY POLICE STATION, ERNAKULAM DISTRICT BY THE JUDICIAL FIRST-

CLASS MAGISTRATE-IV, PERUMBAVOOR RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE