Crl.M.C Nos. 6013 & 6358 of 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-09-19
Court Decision / Holding: Crl.M.C Nos. 6013 & 6358 of 2023 are disposed of in a common judgment. Annexure A2 in both petitions is set aside. The JnJ, Mavelikkara, is directed to release the vehicle KL-32/B-7310 to the petitioner on deposit of Rs. 25,000, with conditions mirroring those in Sunderbhai Ambalal Desai (Supra). The petitioner must not transfer the vehicle without court permission and must refrain from committing similar offences; if such offences are committed, the police may approach the lower court, which may pass appropriate orders under the law, even though this order is issued by the High Court.
Final Disposition: Two connected Crl.M.Cs disposed of by common judgment. Annexures A2 in both petitions set aside; vehicle released on deposit of Rs. 25,000 with conditions given, and with continued police oversight; transfer restricted without court permission; future offences may be addressed by the lower court under law.

Parties to the Case

Appellants / Petitioners

Sujith Santosh

Respondents

State of Kerala represented by the Public Prosecutor, High Court of Kerala
The Station House Officer, Mavelikkara Police Station

Legal Representation & Advocates

Counsels for Petitioners

• M.R. Sasith

Counsels for Respondents

• Public Prosecutor

Case Synopsis & Summary

Two connected Criminal Miscellaneous Cases—Crl.M.C Nos. 6013 and 6358 of 2023—were heard together before Justice P. V. Kunhikrishnan in the Kerala High Court. Sujit Santosh, the registered owner of tanker lorry KL-32/B-7310, challenged interim custody orders issued by the Judicial First Class Magistrate, Mavelikkara, in two separate police cases (Crime Nos. 625/2023 and 626/2023) arising from discharging sewage water on 28.06.2023. In both petitions, the applicant sought quashing of the orders directing interim custody (Annexure A2) and release of the vehicle. The State, represented by the Public Prosecutor, and the Police Officer were respondent. The court noted that although two distinct offences were alleged against the same vehicle, similar circumstances in prior cases had allowed vehicle release on deposit under a Supreme Court guideline in Sunderbhai Ambalal Desai v. State of Gujarat (AIR 2003 SC 638). Accordingly, the High Court disposed of the petitions by setting aside the lower-court annexures and directing release of the vehicle on a deposit of Rs. 25,000 with conditions, including non-transfer without court permission and prohibition against repeating offences, with continued police oversight. The order emphasizes that future violations may be addressed by the lower court under law.

Provisions of Law Cited

Section 451 Cr.P.C

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that two separate cases were registered against the same vehicle for different offences, and two separate Section 451 Cr.P.C applications were dismissed by the Magistrate. He argues for release of the vehicle subject to deposit and conditions consistent with principles laid down in Sunderbhai Ambalal Desai (AIR 2003 SC 638), to prevent transfer of the vehicle and to discourage repetition of offences while ensuring the vehicle’s preservation.

Contentions of Respondents

The State/Estate contends that though two crimes are registered against the same vehicle, the offences are serious; while not opposing release, they rely on proper safeguards and supervision via conditions and deposit, and rely on the ongoing criminal proceedings and police oversight.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sunderbhai Ambalal Desai v. State of Gujarat	AIR 2003 SC 638	Positive	Used as the governing principle enabling release of the vehicle on deposit with conditions, guiding the present order.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 19[TH] DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 CRL.MC NO. 6358 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CMP 1751/2023 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA ``` ## **`PETITIONER/S:`** ``` SUJITH SANTHOSH AGED 45 YEARS S/O SANTHOSH KUMAR, SANTHOSH BHAVANAM, KANDALLOOR NORTH, PATTOLY MARKET PO, KANDALLOOR, KARTHIKAPPALLY TALUK, ALAPPUZHA, PIN - 690516 BY ADV M.R.SASITH ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER MAVELIKKARA POLICE STATION, KOTTANADU, OLD MAVELIKKARA, PIN - 690101 ``` ## **`OTHER PRESENT:`** ``` HRITWICK CS PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.09.2023, ALONG WITH Crl.MC.6013/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -2- Crl.M.C Nos. 6013 & 6358 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 19[TH] DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 CRL.MC NO. 6013 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENT CMP 1774/2023 OF JUDICIAL ``` ``` MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA ``` ## **`PETITIONER/S:`** ``` SUJITH SANTHOSH AGED 45 YEARS S/O SANTHOSH KUMAR, SANTHOSH BHAVANAM, KANDALLOOR NORTH, PATTOLY MARKET PO, KANDALLOOR, KARTHIKAPPALLY TALUK, ALAPPUZHA, PIN - 690516 BY ADV M.R.SASITH ``` ## **`RESPONDENT/S:`** ``` 1THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2THE STATION HOUSE OFFICER MAVELIKKARA POLICE STATION, KOTTANADU, OLD MAVELIKKARA,, PIN - 690101 ``` ## **`OTHER PRESENT:`** ``` HRITWICK CS PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.09.2023, ALONG WITH Crl.MC.6358/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` -3- Crl.M.C Nos. 6013 & 6358 of 2023 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== Crl.M.C Nos. 6013 & 6358 of 2023 ============================================================= Dated this the 19[th] day of September, 2023 ## **ORDER** These two Criminal Miscellaneous Cases are connected and filed by the same person. Therefore, I am disposing of these cases by a common judgment. The prayers in these Crl.M.Cs are extracted hereunder: ## Crl.M.C No.6358 of 2023 _“it is most humbly prayed that this Honorable Court may be pleased quash Annexure A2 Order in C.M.P No: 1751/2023 of Judicial First-Class Magistrate Court-I, Mavelikara dated 19.07.2023 in Crime No. 625/2023 of Mavelikkara Police Station and release the interim custody of vehicle bearing Reg.No. KL-32 B 7310 to petitioner forthwith.”_ ## Crl.M.C No.6013 of 2023 _“it is most humbly prayed that this Honorable Court may be pleased quash Annexure A2 Order in C.M.P No: 1774/2023 of Judicial First-Class Magistrate Court-I, Mavelikara dated 19.07.2023 in Crime No. 626/2023 of Mavelikkara Police Station and release the interim custody of vehicle bearing Reg.No. KL-32 B 7310 to petitioner forthwith.”_ -4- Crl.M.C Nos. 6013 & 6358 of 2023 2. It is submitted that the petitioner, who is the registered owner of the Tanker Lorry bearing registration No.KL-32/B-7310, used the vehicle for discharging sewage water on 28.06.2023 and two cases were registered on the same date against the petitioner as Crime No.625 of 2023 and 626 of 2023 before the Mavelikkara Police Station. The petitioner filed two separate applications under Section 451 Cr.P.C and those applications were dismissed as per the impugned orders in these Crl.M.Cs. Aggrieved by the same, these Crl.M.Cs are filed. 3. Heard the counsel for the petitioner and the Public Prosecutor. 4. It is a fact that two cases are registered against the same vehicle on the same date for committing separate offences. It is also true that the allegations against the petitioner are very serious. But in similar circumstances, this Court released the vehicle after imposing conditions in the light of the judgment of the Apex Court in **Sunderbhai Ambalal Desai v. State of Gujarat [AIR 2003 SC 638]** . Since the same vehicle is involved in two crimes, I am of the opinion that the vehicle can be released only on deposit of some amount. -5- Crl.M.C Nos. 6013 & 6358 of 2023 Therefore, these Crl.M.Cs are disposed of in the following manner: I. Annexure A2 in Crl.M.C 6358 of 2023 is set aside and the Judicial First Class Magistrate Court-I, Mavelikkara is directed to release the vehicle bearing Reg.No.KL-32/B 7310 to the petitioner, on deposit of Rs.25,000/- and also after imposing the conditions mentioned in **Sunderlal Ambala Desai’s case** (Supra). The petitioner shall not transfer the vehicle without permission from Court and the petitioner shall not commit similar offences in future and if such offence is committed, the police authorities are free to approach the court below and the court below can pass appropriate orders, in accordance with law, even though this order is passed by this Court. II. Annexure A2 in Crl.M.C 6013 of 2023 is set aside and the Judicial First Class Magistrate Court-I, Mavelikkara is directed to release the vehicle bearing Reg.No.KL-32/B 7310 to the petitioner, on deposit of Rs.25,000/- and also after imposing the conditions mentioned in Sunderlal Ambala Desai’s case (Supra). The petitioner shall not transfer the vehicle without permission from Court and the petitioner shall not commit similar offences in future and if such offence is committed, the police authorities are free to -6- Crl.M.C Nos. 6013 & 6358 of 2023 approach the court below and the court below can pass appropriate orders, in accordance with law, even though this order is passed by this Court. sd/- **P.V.KUNHIKRISHNAN JUDGE** das -7- Crl.M.C Nos. 6013 & 6358 of 2023 ## **`APPENDIX OF CRL.MC 6013/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure1THE TRUE COPY OF PETITION FILED AS CRL.M.P NO: 1774/2023 OF JUDICIAL FIRST-CLASS MAGISTRATE COURT-I, MAVELIKARA DATED 01.07.2023 Annexure A2THE TRUE COPY OF THE ORDER PASSED IN CRL.M.P NO: 1774/2023 OF JUDICIAL FIRST-CLASS MAGISTRATE COURT-I, MAVELIKARA DATED 19.07.2023 ``` -8- Crl.M.C Nos. 6013 & 6358 of 2023 ## **`APPENDIX OF CRL.MC 6358/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-A1THE TRUE COPY OF PETITION FILED AS C.M.P NO: 1751/2023 OF JUDICIAL FIRST- CLASS MAGISTRATE COURT-I, MAVELIKARA DATED 01.07.2023 Annexure-A2THE TRUE COPY OF THE ORDER PASSED IN C.M.P NO: 1751/2023 OF JUDICIAL FIRST- CLASS MAGISTRATE COURT-I, MAVELIKARA DATED 19.07.2023 ```