Anas K.M vs State Of Kerala

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Kerala High Court

Anas K.M vs State Of Kerala

Bench: T.R.Ramachandran Nair

       

  

  

 
 
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                  PRESENT:

             THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

            TUESDAY, THE 29TH DAY OF JANUARY 2013/9TH MAGHA 1934

                                        Crl.MC.No. 625 of 2013 ()
                                             -------------------------
         CRIME NO. 740/2012 OF MUHAMMA POLICE STATION, ALAPPUZHA

    PETITIONER(S)/ACCUSED :
    -----------------------------------

   1. ANAS K.M., S/O. MAJEED, AGED 30 YEARS
      KAITHAPPARAMBIL HOUSE,PONNAD P.O.
      MANNANCHERRY ALAPPUZHA.

   2. JAIMON, S/O.THAMBAN, AGED 25 YEARS
      NEDUMCHIRA VEETIL,MUHAMMA PANCHAYATH
      MUHAMMA P.O., ALAPPUZHA

      BY ADV. SRI.ABDUL JALEEL.A

    RESPONDENT/DEFACTO COMPLAINANT :
    ----------------------------------------------------------

   1. STATE OF KERALA
      REPRESENTED BY THE PUBLIC PROSECUTOR
      HIGH COURT OF KERALA,ERNAKULAM.

   2. SUB INSPECTOR OF POLICE
      MUHAMMA POLICE STATION,MUHAMMA P.O.
      ALAPPUZHA DISTRICT.

      BY PUBLIC PROSECUTORSRI. T. RAMA PRASAD UNNI

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
      ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE
      FOLLOWING:

BP

Crl.MC.No. 625 of 2013 ()

                                  APPENDIX


PETITIONER(S) EXHIBITS :


ANNEXURE-A1 - TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE LORRY
                BEARING REGISTRATION NO. KL-07/X 8805

ANNEXURE-A2 - CERTIFIED COPY OF THE FIR NO.740/2012 DATED 11-12-12 AND
                MAHAZAR

ANNEXURE-A3 - TRUE COPY OF THE APPLICATION TO COMPOUND OFFENCE FILED
                BEFORE 2ND RESPONDENT DATED 15-1-2013

RESPONDENTS' EXHIBITS :              NIL.

                                                        //TRUE COPY//


                                                        P.A. TO JUDGE
BP



                     T.R. RAMACHANDRAN NAIR, J.
                    ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                     Criminal M.C.No.625/2013
                    ~~~~~~~~~~~~~~~~~~~~~~~~~~
             Dated this the 29th day of January, 2013

                                O R D E R

The vehicle owned by the first petitioner was seized and a criminal case was registered against the driver of the vehicle as evident from Annexure-A2 copy of the First Information Report. Prayer is to consider the application for compounding filed by the accused, namely, the second petitioner. Copy of the application has been produced as Annexure-A3. It is the case of the petitioners that the relevant rule, namely, Rule 60A(1) of the Kerala Minor Mineral Concession Rules provides for filing an application for compounding but it is pointed out that the application is not being disposed of by the second respondent.

2. Heard the learned Public Prosecutor for respondent Nos.1 and 2.

3. The criminal miscellaneous case is disposed of with the following directions. It is upto the second respondent to consider the plea for compounding and appropriate decision will be taken within a period of ten days from the date of receipt of a copy of this Order. It will be open to him to compound the offences or not and if the offences are compounded, necessary compounding fee will be collected in terms of the provisions under the Act and the Rules. If offences are compounded, the vehicle will be released to the registered owner on production of valid documents. If the offences are not compounded, the second respondent will be free to Crl.M.C No.625/2013 -:2:- proceed in accordance with law. The criminal miscellaneous case is disposed of as above.

Sd/-

(T.R. Ramachandran Nair, Judge.) ms

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