M.V.Janardhanan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 Crl.MC.No. 1713 of 2015 () --------------------------- (CRIME NO. 25/2015 OF MATTANNORE POLICE STATION , KANNUR) PETITIONER/ACCUSE ------------------------------------ M.V.JANARDHANAN, AGED 60 YEARS S/O.P.K.BAPPU, BAPPU NILAYAM, MUNDERI AMSOM, ECHUR, KANNUR DISTRICT.

BY ADVS.SMT.K.DEEPA (PAYYANUR) SRI.V.R.NASAR RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-31.

2. SUB INSPECTOR OF POLICE, MATTANNORE POLICE STATION, KANNUR DISTRICT PIN-670 702.

R BY PUBLIC PROSECUTOR SMT. P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vmr

Crl.MC.No. 1713 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES ---------------------------------------- ANNEXURE I : CERTIFIED COPY OF THE FIR IN CRIME NO.25/2015 OF THE MATTANNURE POLICE STATION.

ANNEXURE II : TRUE COPY OF THE REGISTRATION CERTIFICATE AND THE GOODS CARRIAGE PERMIT OF THE VEHICLE.

RESPONDENT(S)' ANNEXURES :

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE vmr

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1713 of 2015 --------------------------------------- Dated this the 1st day of April, 2015

O R D E R

The petitioner's vehicle is involved in a crime registered by the Mattannur police under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001(for short, 'the Sand Act'). He wants to make an application before the learned Magistrate having jurisdiction, under Section 451 Cr.P.C. for interim custody of the vehicle. But his grievance is that police has not so far reported the fact of seizure to the learned Magistrate. Now, the learned Public Prosecutor submits that the police has reported the fact of seizure to the learned Magistrate. In such a circumstance the petitioner can very well make application before the learned Magistrate, under Section 451 Cr.P.C. The learned Magistrate will release the vehicle to the petitioner on appropriate and reasonable conditions, if he is the right person to claim interim custody under Section 451 Cr.P.C., and if there is no other factual or legal objection. With these observations, this Crl.M.C. is closed. Sd/- P. UBAID, JUDGE sd