2025:KER:26761 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 2720 OF 2025 CRIME NO.95/2025 OF EDAKKARA POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED 24.02.2025 IN CRMP NO.635 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NILAMBUR PETITIONER/S: SHAMEER AGED 41 YEARS S/O. HUSSAIN, NACHOTTILL HOUSE, EDAKKARA P.O., WEST PERINKULAM, MALAPPURM DISTRICT -, PIN - 679331 BY ADVS. U.K.DEVIDAS SONA SUNNY RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER EDAKKARA POLICE STATION, EDAKKARA. P.O., MALAPPURAM DISTRICT, PIN - 679331 OTHER PRESENT: SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.2720 of 2025 2025:KER:26761 2 ORDER Dated this the 27th day of March, 2025 Petitioner’s autorickshaw bearing registration No.KL-69-1566 was seized in connection with Crime No.95 of 2025 registered at the Edakkara Police Station for offences punishable under Sections 271 and 272 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 sewage in a public canal near KPM Hospital- Menonpotty Road. 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. Crl.M.C. No.2720 of 2025 2025:KER:26761 3 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 vehicles, rather than detaining them, resulting in damage and deterioration of value. Therefore, even though the alleged offence is 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 Crl.M.C. No.2720 of 2025 2025:KER:26761 4 undertake to produce the vehicle before the court as and when directed. (ii) Petitioner shall not transfer, sublet, lease or sell the vehicle to any person, until conclusion of the criminal case. (iii) Petitioner shall participate in the trial as well as the confiscation proceedings, if any, initiated. (iv) If petitioner commits similar offence in future, police will be free to repossess the vehicle. Sd/- V.G.ARUN JUDGE NB/27-3 Crl.M.C. No.2720 of 2025 2025:KER:26761 5 APPENDIX OF CRL.MC 2720/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE F.I.R IN CRIME NO. 95/25 OF EDAKKARA POLICE STATION, DATED 30.01.2025 Annexure 2 TRUE COPY OF THE C.M.P. NO. 635 OF 2025 DATED 10.02.2025 IN CRIME NO. 95/25 OF EDAKKARA POLICE STATION ON THE FILES OF THE J.F.C.M. COURT, NILAMBUR Annexure 3 FREE COPY OF THE ORDER DATED 24.02.2025 IN C.M.P.NO.635 OF 2025 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR Annexure 4 TRUE COPY OF THE ORDER DATED 05.03.2024 IN CRL.M.C. NO. 1110/2024 PASSED BY THIS HON’BLE COURT TRUE COPY P.A. TO JUDGE