Ananthakrishnan P.S v. State of Kerala

``` CRL.MC NO. 2303 OF 2024 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 25[TH] DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 ``` ``` CRL.MC NO. 2303 OF 2024 ``` ``` CRIME NO.1193/2023 OF MANNANCHERRY POLICE STATION, Alappuzha AGAINST THE ORDER/JUDGMENT DATED 10.01.2024 IN CMP NO.4578 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II(MOBILE),ALAPPUZHA ``` ``` PETITIONER: ``` ``` ANANTHAKRISHNAN P.S AGED 29 YEARS ``` ``` S/O. SOMAN, PUTHAPURAKKAL,MUHAMMA P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688555 ``` ``` BY ADVS. C.H.ABDUL RASAC KRISHNAPRIYA R. ``` ## **`RESPONDENT:`** ``` THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT. SREEJA V. (PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ``` ``` ON 25.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 2303 OF 2024 ``` ## BECHU KURIAN THOMAS, J. ======================== Crl.M.C. No. 2303 of 2024 ======================== Dated this the 25[th] day of March, 2024 ## O R D E R Petitioner is the registered owner of a vehicle bearing registration No.KL-32-J-7787. The said vehicle was seized, alleging commission of offences under Sections 269 and 278 of the Indian Penal Code, 1860, apart from Section 120(e) of the Kerala Police Act, 2011. The vehicle of the petitioner is alleged to have been used for dumping septic waste into a public drain on 16-08-2023. 2. Petitioner filed an application as CMP No.4578/2023 before the Judicial First Class Magistrate Court-II, Alappuzha, under Section 451 Cr.P.C, seeking interim custody of the vehicle. However, by the impugned order dated 10.01.2024, the application was dismissed after noticing that a Divison Bench of this Court had, in WP(C) No.7844 of 2023, stressed the need for a preventive approach to waste management and directed not to release vehicles involved in dumping ``` CRL.MC NO. 2303 OF 2024 ``` ``` 3 ``` waste into public drains and other public places, without getting permission from this Court. Petitioner assails the aforesaid order. 3. The vehicle was seized on 16.08.2023 and has been in the custody of the police since then. The alleged offence committed by the petitioner is serious, especially since septic waste is alleged to have been dumped into a public place, which eventually flows into the rivers. The seriousness of the alleged offence and the public health issues of such acts ought to be taken into consideration, while considering the release of the vehicle. At the same time, the principles laid down by the Supreme Court in Sunderbha **i** Ambalal Desa **i** v. State of Gujarat [(2002) 10 SCC 283] cannot be ignored, especially since the long period of detention of the vehicle may not benefit any person. 4. Considering the seriousness of the offence alleged, this Court is of the view that stringent conditions ought to be imposed to prevent the recurrence of such crimes. 5. Petitioner's vehicle is alleged to have been involved ``` CRL.MC NO. 2303 OF 2024 ``` ``` 4 ``` in a similar offence on an earlier occasion, which is evident from Crime No.472/2023 of Mannancherry Police Station. Therefore, there is an alleged pattern of repeated involvement of the same vehicle in similar offences. Unless stringent conditions are imposed, there is a possibility of the petitioner committing similar offences again with the same vehicle itself. Storm water drains most often discharge into the rivers or other water sources. Discharge of faecal waste into storm drains is a public health hazard, which requires stringent action. In fact, recently, the local authorities' statutes have been amended to incorporate provisions for the confiscation of vehicles that indulge in discharge waste into public properties. 6. In the decision in State of Kerala v. K.Kr **i** shnan [(2000) 7 SCC 80] , the Supreme Court had observed that in serious offences involving Forest and Wild Life, the vehicles ought not be released as a matter of course, and at least minimum conditions for furnishing a bank guarantee should be imposed. Taking a cue from the above decision and ``` CRL.MC NO. 2303 OF 2024 ``` ``` 5 ``` bearing in mind the public health issues that arise out of the dumping of septic waste into public drains, this Court is of the view that similar conditions for furnishing a bank guarantee ought to be imposed while releasing the vehicle on interim custody. 7. In the instant case, the petitioners vehicle was seized on 16.08.2023 and has been in the custody of the police since then. No purpose would be achieved by retaining the vehicle in custody. However, while releasing the vehicle, it has to be ensured that it is not used for repeating similar offences. Many a time, the offences are done under the cover of night and unless strict conditions are imposed, there would be a tendency to indulge in such acts on the sly. Hence, this Court is of the view that, while releasing vehicles found indulging in the illegal discharge of waste, imposing conditions for furnishing bank guarantees would be reasonable, reckoning the need to prevent such recurrent activities. 8. In the circumstances, the vehicle bearing ``` CRL.MC NO. 2303 OF 2024 ``` ``` 6 ``` Registration No.KL-32-J-7787 is directed to be released to the petitioner on the following conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate. (ii) Petitioners shall furnish a bank guarantee of Rs.1,00,000/- (Rupees One Lakh Only), which shall be kept valid till the disposal of the case against the petitioner in Crime No.1193 of 2023 of Mannancherry Police Station. (iii) Petitioner shall file an affidavit, undertaking that he shall not sell, transfer or assign the vehicle to any person and also that he shall produce the vehicle as and when required. The affidavit shall also mention that the Bank Guarantee fiurnished can be invoked if in case the vehicle is used for similar offences. (iv) The petitioner shall maintain the vehicle in a usable condition and carry out regular repairs and maintenance work of the vehicle. (v). The petitioner shall not indulge in any similar offences. In ``` CRL.MC NO. 2303 OF 2024 ``` ``` 7 ``` case any such offences are committed, the Police can invoke the bank guarantee, and the amount will be payable to the respective local authority to be used for environmental measures. On satisfaction of the above conditions, the vehicle shall be released to the petitioner. ``` Sd/- ``` BECHU KURIAN THOMAS JUDGE ``` saap ``` ``` CRL.MC NO. 2303 OF 2024 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 2303/2024`** ## **`PETITIONER ANNEXURES`** ``` Annexure A1A TRUE COPY OF THE RC BOOK OF THE VEHICLE Annexure A2A TRUE COPY OF THE PETITION IN CMP NO. 3448/2023 DATED 20.12.2023 Annexure A3A TRUE COPY OF THE ORDER IN CMP NO. 4578/2023 DATED 10.1.2024 ```