Shamsudeen K v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 Crl.MC.No. 1508 of 2015 -------------------------------- CRIME NO. 693/2014 OF AREACODE POLICE STATION, MALAPPURAM .......

PETITIONER(S)/ACCUSED :

--------------------------------------- SHAMSUDEEN K., S/O. HASSANKUTTY, KUNDIL HOUSE, KODIYATHOOR, MUKKOM, KOZHIKODE DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. THE SUB INSPECTOR OF POLICE , AREACODE POLICE STATION, MALAPPURAM DISTRICT-673 638.

BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 1508 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A : TRUE COPY OF THE FIR IN CRIME NO.693/2014 OF THE AREACODE POLICE STATION, DTD.26.12.2014.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1508 of 2015 --------------------------------------- Dated this the 25th day of March, 2015

O R D E R

The petitioner's vehicle was seized by the police in a crime registered under Section 379 IPC, and under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, 'the Sand Act'). He wants to make application for interim custody of vehicle under Section 451 Cr.P.C. His grievance is that the police has not so far reported the fact of seizure to the judicial Magistrate having jurisdiction, under Section 23A(1) of the Sand Act. Now, the learned Public Prosecutor submits, on instructions, that the police has already reported the fact of seizure to the court on 18.03.2015. I find that the petitioner's grievance stands redressed. He can very well make application before the learned Magistrate under Section 451 Cr.P.C., and if the petitioner is entitled for interim custody, the vehicle can be released to the petitioner on appropriate and reasonable conditions. With these observations, this Crl.M.C. is closed. Sd/- P. UBAID, JUDGE sd