Kerala High Court
Renjith Rajan R S vs State Of Kerala on 5 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA,
1946
OP(CRL.) NO. 426 OF 2024
CRIME NO.8/2024 OF KARAMANA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 19.04.2024 IN CMP NO.824 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
I,THIRUVANANTHAPURAM
PETITIONER/PETITIONER:
RENJITH RAJAN R S, AGED 43 YEARS
S/O. RAJENDRAN, MURUKKUVILA VEEDU AKULAM,
CHERUVAKKAL, PIN - 695 011
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
ARUN KRISHNA
JINU P. BINU
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
ADV.NOUSHAD K A, PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) 426/2024
2
BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl.) No.426 of 2024
...................................................
Dated this the 5th day of June, 2024
JUDGMENT
Being aggrieved by the order in C.M.P.No.824/2024 of the Judicial First
Class Magistrate court-I, Thiruvananthapuram; in Crime No.8/2024 of
Karamana Police Station, petitioner has preferred this petition.
2. Petitioner is admittedly the registered owner of an ambulance bearing
registration No.KL-22/K-3188. At the instance of the petitioner, Crime
No.8/2024 of Karamana Police Station, was registered alleging offences
committed by the driver of the vehicle under Sections 279, 337 and 338
of the Indian Penal Code, 1860. The Investigating Officer seized the
vehicle.
3. Being the owner of the vehicle, petitioner filed C.M.P.No.824/2024
seeking interim custody of the vehicle. However, the learned Magistrate
after noticing that the vehicle lacked a valid insurance called for a
valuation report and assessed the vehicle's value at Rs.4,50,000/- and
allowed the application for interim custody on condition of payment of
amount in cash or bank security and to execute a bond for the same
OP(CRL.) 426/2024
amount.
4. As per Rule 391A of the Kerala Motor Vehicle Rules, 1989, if a vehicle
involved in an accident, is not covered by a valid policy of insurance
against third party risks taken in the name of owner or when the owner
fails to furnish copy of such insurance policy despite demand by
Investigating Officer, the owner must furnish sufficient security to the
satisfaction of the Court to pay compensation that may be awarded in a
claim case arising out of such accident.
5. This Court had in State of Kerala v. Sanith Jan 2023 (3) KHC 477 held
that ideally a cash deposit, Bank guarantee or fixed deposit or other
means of security ought to be deposited to satisfy the amount that may
be awarded as per Rule 391A of the Kerala Motor Vehicles Rules and a
bond is not sufficient.
6. A perusal of the impugned order reveals that petitioner's vehicle bearing
registration No.KL-22/k-3188 was taken into custody by the Karamana
Police Station, and the same was not covered by a valid insurance. After
assessing the value of the vehicle, an amount of Rs.4,50,000/- was
directed to be deposited as cash security, apart from a bond for the
same amount with two solvent sureties.
OP(CRL.) 426/2024
7. Bearing in mind the principle laid down in Sanith Jan's case (supra) and
also the legislative purpose inherent under Rule 391A of the Rules, I am
of the view that there is no perversity in the impugned order warranting
interference by this Court.
Accordingly, I find no merit in this original petition and it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/06/2024
OP(CRL.) 426/2024
APPENDIX OF OP(CRL.) 426/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER IN CMP NO 824/24 IN
CRIME NO 8/24 OF KARAMANA POLICE STATION
DATED 19/4/2024
EXHIBIT P2 TRUE COPY OF THE F.I.R IN CRIME NO. 8/24 OF
KARAMANA POLICE STATION
TRUE COPY
