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Kerala High Court
Latha Kumari.N vs State Of Kerala on 21 April, 2026
2026:KER:33155
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 21ST DAY OF APRIL 2026 / 1ST VAISAKHA, 1948
CRL.MC NO. 1547 OF 2026
CRIME NO.558/2024 OF SAKTHIKULANGARA POLICE STATION, KOLLAM,
AGAINST THE ORDER DATED 03.10.2025 IN CMP NO.1566 OF 2025 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA.
PETITIONER(S)/PETITIONER:
LATHA KUMARI N.,
AGED 51 YEARS, W/O.SUNIL KUMAR,
SUNU BHAVANAM, KARAMKODE P.O., CHIRAKARA, MEENADU,
KOLLAM, PIN - 691578.
BY ADVS.
SRI.PRATHEESH.P
SRI.AMAR PRASANTH G.
SMT.ANJANA KANNATH
SMT.SAFNA P.S.
RESPONDENT(S)/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA AT ERNAKULAM, PIN - 682031.
2 STATION HOUSE OFFICER,
SAKTHIKULANGARA POLICE STATION,
KOLLAM, PIN - 691581.
BY ADV.
SRI.G.JAYAKRISHNAN, PUBLIC PROSECUTOR.
2
Crl.M.C. No.1547 of 2026
2026:KER:33155
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
Crl.M.C. No.1547 of 2026
2026:KER:33155
ORDER
The order dated 03.10.2025 of the Judicial First Class Magistrate
Court, Chavara, in CMP No.1566 of 2025 is under challenge in this
petition, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023. The aforesaid order was passed by the learned
Magistrate upon a petition filed by the registered owner of the vehicle
involved in Crime No.558 of 2024 of Sakthikulangara Police Station,
Kollam, for the release of the said vehicle to her interim custody. The
aforesaid case related to the transportation of spurious liquor in that
vehicle. The petitioner is not an accused in the aforesaid crime.
2. As per the impugned order, the learned Magistrate
permitted the release of the vehicle to the petitioner but insisted for
the deposit of cash security of Rs.67,872/- (Rupees Sixty-Seven
Thousand Eight Hundred and Seventy-Two only). It is the aforesaid
condition imposed by the learned Magistrate which is under challenge
in this petition.
3. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
4. As already stated above, the petitioner herein, who is the
registered owner of the vehicle involved in this case, is not an accused
2026:KER:33155
in the aforesaid case. The only apprehension of the prosecution is that,
if the vehicle is released to the interim custody of the petitioner, there
may be a chance of alienation of the said vehicle so that it would
practically become impossible to get the aforesaid vehicle during the
course of the evidence. The apprehension in the above regard has no
basis, since the Trial Court has imposed sufficient conditions to ensure
that the petitioner would produce the aforesaid vehicle as and when
required by the Court concerned. Anyway, the deposit of cash security
of Rs.67,872/- insisted by the Trial Court, is totally unnecessary.
Therefore, the Crl.M.C. stands allowed as follows:
i) Condition No.(2) in the order dated 03.10.2025 of the
Judicial First Class Magistrate Court, Chavara, in CMP
No.1566 of 2025, is hereby lifted.
ii) The vehicle shall be released to the petitioner if she complies
with all the other conditions imposed by the learned
Magistrate.
(sd/-)
G. GIRISH, JUDGE
anm
2026:KER:33155
APPENDIX OF CRL.MC NO. 1547 OF 2026
PETITIONER'S ANNEXURES
Annexure A1 THE COPY OF THE FIR IN CRIME NO.558/2024 OF
SAKTHIKULANGARA POLICE STATION DATED
11.7.2024.
Annexure A2 THE COPY OF ORDER IN CMP NO.1566/2025 ON THE
FILE OF JFMC, CHAVARA DATED 3.10.2025.
Annexure A3 THE COPY OF THE RC PARTICULARS OF THE VEHICLE
BEARING NO.KL 02BU 0354.
Annexure A4 THE COPY OF THE ORDER IN CRL.M.C
NO.7732/2023 DATED 11.10.2023.
