IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 Crl.MC.No. 4889 of 2010() ------------------------- ORDER DATED 23.11.2010 IN CRL.M.P.NO.5615/2010 IN CRIME NO.439/2010 OF WALAYAR POLICE STATION PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD .................... PETITIONER(S): ACCUSED 1 & 2 ---------------------------- 1. PAZHANISWAMY, S/O. KANTHASWAMY, AGED 41 YEARS, 35 A, PUDHUPALAYAM ATHIKADAVU, DEVANANKURUCHI POST THIRUCHENGODE TALUK, NAMMAKKAL. 2. D.EBINESHAR, S/O. DORAISWAMY, 137/DUDUPALAM, ERODE MAIN ROAD, THIRUCHANGODE, TAMILNADU. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4889 of 2010 -------------------------------------- Dated this the 3rd day of January, 2011. ORDER Petitioners are accused in Crime No.43 of 2010 of Walayar Police Station for offences punishable under Sections 468, 471 and 420 read with Section 34 of the Indian Penal Code (for short, “the Code”). Case is that petitioners as the owner and driver of vehicle No.KA-01/AA 1273 transported goods on the strength of bogus delivery notes and other documents. Petitioner No.1 filed Crl.M.C.No.4396 of 2010 and by Annexure-AII got release of the vehicle, R.C. Book and the insurance certificate subject to conditions referred to in the said order. Petitioners later filed Crl.M.C.No.5615 of 2010 for release of the goods permit of the vehicle and the driving licence of petitioner No.2. That application was opposed by the Investigating Officer. Learned Magistrate dismissed that application by Annexure-AI, order dated November 23, 2010 observing that allegation against petitioners is that they transported goods in the vehicle by using forged delivery notes and that in the circumstances, goods permit and driving licence being of much importance in the trial of the case cannot be returned. Learned counsel contends that though the vehicle, R.C.Book and insurance certificate are already released, the vehicle cannot be put to use unless the goods permit is released. Petitioner No.2 needs his driving licence to make out a livelihood. I have heard learned Public Prosecutor also in this regard. Crl.M.C.No.4889/2010 2 2. By Annexure-AII, the vehicle allegedly involved in commission of the crime, its R.C.Book and insurance certificate are released to petitioner No.1. The allegation is that using forged delivery notes petitioners transported goods in the vehicle in the question. Having regard to the facts and circumstances I am inclined to think that it is not necessary to retain the goods permit and driving licence of petitioner No.2. The said documents can be returned to the petitioners subject to conditions. Resultantly this petition is allowed in the following lines: i. Order dated November 23, 2010 (Annexure-AI) on Crl.M.C.No.5615 of 2010 of the court of learned Judicial First Class Magistrate-I, Palakkad is set aside and that application will stand allowed. ii. The goods permit of the vehicle in question and the driving licence of petitioner No.2 shall be released to petitioner Nos.1 and 2, respectively subject to the following conditions: (a) Each of the petitioners shall, in respect of the goods permit and driving licence respectively execute bonds for `.25,000/- (Rupees twentyfive thousand only) each with two sureties for the like sum each to the satisfaction of the trial court undertaking to produce the said documents in court as and when required and further undertaking that petitioner No.1 shall not transfer the goods permit to any other person. Crl.M.C.No.4889/2010 3 (b) Petitioner Nos.1 and 2 shall produce certified photocopy of the goods permit and driving licence, respectively in the trial court before getting release of the said documents. Crl.M.A.No.7956 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks