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Mirzamam K.B vs State Of Kerala

High Court Of Kerala · Decided on 20 October 2022 · Citation: (2022) 10 KL CK 0178

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petitions No. 7329 Of 2022
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Judgment

8 paragraphs · 354 words

Dr Kauser Edappagath, J

1.

Annexure A4 order passed by the Judicial First Class Magistrate Court-VIII, Ernakulam (for short 'the court below'), dismissing an application filed under Section 451 of Cr.P.C is under challenge in this Crl.M.C.

2.

The petitioner is the 2nd accused. The offences alleged are punishable under Sections 427, 435, 506, 188 read with 34 of IPC. As part of investigation, the scooter bearing registration No.KL-07-CX-6341 belonging to the petitioner was seized. The petitioner moved a petition for release of the scooter on interim custody under Section 451 of Cr.P.C as Crl.M.P.No.2513/2022. The court below after hearing both sides dismissed the petition as per Annexure A4 order. The said order is under challenge in this Crl.M.C.

3.

I have heard Sri. Rameez Nooh, the learned counsel for the petitioner and Smt. T.V.Neema, the learned Senior Public Prosecutor.

4.

The court below dismissed the petition mainly on the ground that the allegations levelled against the petitioner are serious in nature and the scooter in question is required at the time of trial.

5.

The prosecution allegation is that the first accused has used the scooter in question for commission of the offence. The crime is of the year 2022. It will take some more years for the culmination of the trial. Till that period, the scooter cannot be kept in the custody of the court. The Apex Court in Sunderbhai Ambalal Desai vs State Of Gujarat  [2003 (2) KLT 1089(SC)] has held that Section 451 of Cr.P.C has to be expressed expeditiously and judiciously. The court has to pass appropriate orders immediately and articles are not be kept for a long time at police station in any case, for not more than fifteen days to one month. In these circumstances, I am of the view that the impugned order is not sustainable. It is liable to be set aside.

5.

In the result, Annexure A4 order is set aside. The court below is directed to release the scooter bearing registration No.KL-07-CX-6341 on interim custody to the petitioner on conditions as it deem fit to impose on.

Crl.M.C. is disposed of as above.