ARUN VIKRAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, in this Crl. M.C filed under Section 482 of the Cr.P.C seeks to quash Annexure A5 order dated 14.05.2020 passed by the learned JFCM (Temporary), Neyyattinkara in C.M.P No.1171/2020.

(2.) The petitioner, claiming to be the registered owner of a tipper lorry bearing Registration No.KL-02 R-7720 submitted C.M.P No.1171/2020 before the learned Magistrate seeking interim custody of the vehicle seized by Sub Inspector of Police, Nemom in connection with the alleged transport of ordinary earth. No crime was admittedly registered in this matter by the Sub Inspector of Police. However, he took strong exception to the plea for release of the vehicle in the report submitted by him to the learned Magistrate. It was inter alia, contended before the learned Magistrate that the vehicle was already involved in a similar offence and the condition in the bond executed by the petitioner in connection with the release of the vehicle as per order dated 16.04.2019 in C.M.P No. 2089/2019 was, therefore, breached. It was also contended that the vehicle was released on an interim custody on a specific condition that it would not get involved in similar offences in future. Accepting the contention of the Sub Inspector of Police and finding that there was suppression of material facts, C.M.P No.1171/2020 was dismissed.

(3.) I heard the learned counsel for the petitioner and the learned Public Prosecutor.