Alex Issac Roy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 Crl.MC.No. 1841 of 2015 () --------------------------- IN CMP 9936/2014 of J.M.F.C.-II,PALAKKAD CRIME NO. 13/2013 OF OLAVAKKODE FOREST RANGE OFFICE , PALAKKAD PETITIONER(S)/PETITIONER:

------------------------------------------------ ALEX ISSAC ROY AGED 24 YEARS S/O.LATE V.I ROY, MANAGING PARTNER M/S. KOHINOOR GRANITE CRUSHER, 10/485 KANJIRAMPARA MANNUR WEST, PALAKKAD BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S)/RESPONDENT:

-------------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM REPRESENTING THROUGH FOREST RANGE OFFICER OLAVAKKODE FOREST RANGE, PALAKKAD PIN 678 002 R BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1841 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 TRUE COPY OF ORDER DATED 21-1-2014 IN CMP NO 9378/2013 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A2 TRUE COPY OF ORDER DATED 21-1-2014 IN CMP NO 9379/2013 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A3 TRUE COPY OF ORDER DATED 21-1-2014 IN CMP NO 9380/2013 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A4 TRUE COPY OF ORDER DATED 21-1-2014 IN CMP NO 9381/2013 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A5 TRUE COPY OF ORDER DATED 31-10-2014 IN CRL.MP NO 9913/2014 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A6 TRUE COPY OF ORDER DATED 31-10-2014 IN CRL.

MP NO 9915/2014 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A7 TRUE COPY OF ORDER DATED 31-10-2014 IN CRL.MP NO 9916/2014 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II,PALAKKAD ANNEXURE A8 TRUE COPY OF ORDER DATED 31-10-2014 IN CRL.

P.UBAID, J.

------------------------- Crl. M.C No.1841 of 2015 --------------------------------------- Dated this the 20th day of March, 2015.

O R D E R

Four vehicles involved in forest offences were released to the petitioner under Section 451 Cr.P.C from the Judicial First Class Magistrate Court-II, Palakkad on certain conditions. In compliance with the conditions the petitioner produced a title deed in court. Finding the absolute necessity of title deed for remitting tax and other purposes, he made an application before the learned Magistrate to release the title deed. The learned Magistrate granted the prayer on a strange condition that the petitioner shall produce solvency certificate for one crore and seven lakhs rupees issued from a competent authority. The petitioner is aggrieved by the said condition. 2.

Heard both sides. I reserve my comments on the condition imposed by the learned Magistrate. The learned Magistrate will have to consider the request judiciously, properly and legally. When a judicial authority imposes conditions, it must be reasonable, rational and practical. No doubt, the

Crl. M.C No.1841 of 2015 petitioner is aggrieved by the condition. His grievance is really genuine.

In the result, this petition is allowed. The impugned order passed by the court below on 7.1.2015 in C.M.P No. 9936 of 2014 is hereby set aside. The learned Magistrate is hereby directed to pass a proper judicious order, releasing the title deed to the petitioner on appropriate reasonable conditions.

P.UBAID, JUDGE sab