Shaji A.M. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, Crl.MC.No. 7841 of 2015 ------------------------- AGAINST THE ORDER IN CRL.M.P NO. 4117/2015 OF THE SESSIONS COURT, THODUPUZHA DATED 24-11-2015 CRIME NO. 1164/2015 OF THODUPUZHA POLICE STATION, IDUKKI PETITIONER/ACCUSED:
------------------- SHAJI A.M, AGED 34 YEARS, S/O.NAVOOR KANI, ANIMOOTTIL HOUSE, VENGALOOR P.O, THODUPUZHA, IDUKKI 685608 BY ADVS.SRI.M.B.SANDEEP SMT.R.PRIYA SRI.B.SURJITH SRI.VISAKH ANTONY SMT.R.ANJANA RESPONDENT/RESPONDENT/COMPLAINANT:
-------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7841 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
------------------------ ANNEXURE A1: COPY OF THE JUDGMENT IN WPC.(CRL) NO.340/2015 DATED 03.08.2015 ANNEXURE A2: COPY OF THE VAKKALATH FILED BY THE ALLEGED VICTIM DATED 05.08.2015 ANNEXURE A3: COPY OF THE INTERVENING PETITION FILED BY THE ALLEGED VICTIM DATED 05.08.2015 ANNEXURE A4: COPY OF THE AFFIDAVIT FILED BY THE ALLEGED VICTIM DATED 05.08.2015 ANNEXURE A5: COPY OF THE PETITION FILED U/S451 OF THE CODE OF CRIMINAL PROCEDURE DATED 05.11.2015 ANNEXURE A6: CERTIFIED COPY OF THE ORDER IN CRL.MP.NO.4117/2015 DATED 24.11.2015 ON THE FILES OF THE COURT OF SESSIONS JUDGE, THODUPUZHA RESPONDENT'S ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7841 of 2015 --------------------------------------- Dated this the 16th day of December, 2015
O R D E R
The petitioner herein is the registered owner of the vehicle bearing registration No.KL 05/Q 1836, seized as part of investigation, in Crime No.1164/2015 of the Thodupuzha Police Station, involving the offences under Sections 363, 368, 376 and 120(B) of the Indian Penal Code. An application filed by the petitioner under Section 451 of the Code of Criminal Procedure for interim custody of the vehicle was dismissed by the learned Sessions Judge, Thodupuzha on 24.11.2015. The petitioner is aggrieved, and he seeks orders quashing the said order of dismissal.
2.
On hearing both sides, and on a perusal of the impugned order, I find that the prosecution does not have any explanation as to why the vehicle could not be released to the petitioner under Section 451 Cr.P.C. It appears that this is a case of elopement. Now it is submitted that the victim and the accused have decided to marry. They had been in intense love for a few months, and the girl eloped with the accused with the
Crl.M.C No.7841 of 2015 object of getting married. The police seized the vehicle just because the girl eloped with the accused in the said vehicle. It cannot be said that the vehicle was used for the commission of offence. The impugned order does not show the reason why the relief was disallowed, or why the vehicle should continue in police custody for the purpose of investigation. I find that the vehicle can be released to the petitioner.
In the result, this Crl.M.C is allowed. The impugned order will stand set aside and the Crl.M.P No.4117/2015 will stand revived. The learned Sessions Judge is directed to release the vehicle to the petitioner, on appropriate conditions. Sd/- P.UBAID JUDGE //True Copy// P.A to Judge ab