SHARAVANA KUMAR VELUSWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the registered owner of the vehicle bearing registration No.TN-47BA-7881, has approached this Court by filing this Crl.M.C. challenging one of the conditions imposed in Annexure-C order.

(2.) The aforesaid vehicle was seized by the Police alleging commission of offences punishable under Ss. 420, 465, 471 read with Sec. 34 IPC and also under Sec. 4(1) of the Mines and Minerals (Development and Regulation) Act. The petitioner submitted C.M.P.No.2615 of 2022, seeking release of the said vehicle. That application was allowed by the learned Magistrate subject to certain conditions. Petitioner is aggrieved by condition No.2, which is to the effect that the petitioner shall not take the vehicle out of the jurisdictional limit of Koothuparambu Police Station, for a period of two months or till the investigation is over, whichever is earlier. This condition is under challenge in this Crl.M.C.

(3.) Heard Sri.Babu S. Nair, learned counsel for the petitioner and Sri.M.P.Prasanth, learned Public Prosecutor for the State. The specific contention put forward by the learned counsel for the petitioner is that, the subject vehicle is a National Permit lorry and the condition imposed is too onerous and it would cause serious prejudice to him. It is pointed out that, while complying the aforesaid contention, he will be prevented from utilizing the vehicle for any practical purposes.