[Cites 3, Cited by 0]
Kerala High Court
Babukuttan Chettiar vs State Of Kerala on 9 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:11452
CRL.MC NO. 483 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
CRL.MC NO. 483 OF 2026
CRIME NO.1433/2025 OF Erattupettah Police Station, Kottayam
AGAINST THE ORDER DATED 07.01.2026 IN CMP NO.2289 OF 2025
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ERATTUPETTA
PETITIONER/ACCUSED:
BABUKUTTAN CHETTIAR,
AGED 65 YEARS
S/O NARAYANAN CHETTIAR, KANDACHAMPARAMBU HOUSE,
CHARAMANGALAM, MUHAMMA P.O., ALAPPUZHA, PIN - 688525
BY ADVS.
SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
SHRI.SHAMON SHAJI
SMT.GANGA A.SANKAR
SMT.ANJU DONY
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SR.PP.SMT.SEETHA S
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CRL.MC NO. 483 OF 2026
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 483 OF 2026
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C.S.DIAS,J.
====================
Crl. M.C.No. 483 of 2026
------------------------------------ --
Dated this the 9th day of February, 2026
ORDER
The petitioner is the registered owner of a tanker lorry
bearing Reg.No.KL-59-E-3864, which was seized by the
Erattupetta Police Station in Crime No.1433 of 2025 on the
allegation that the accused person, who drove the tanker
lorry had dumped toilet waste in a public place and thereby
committed the offences punishable under Sections 270, 271,
272 and 279 of the Bharatiya Nyaya Sanhita and Section
120(e) of the Kerala Police Act.
2. Claiming interim custody of the vehicle, the
petitioner filed an application before the Court of the Judicial
Magistrate of First Class, Erattupetta ('Trial Court', in short).
However, by Annexure A4 order, the learned Magistrate
allowed the application subject to conditions. As per
condition No.2, the petitioner has been directed to furnish a
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CRL.MC NO. 483 OF 2026
bank guarantee for Rs.3,15,000/- before the said court, in
view of the law laid down by this Court in Suhail M.A. v.
State of Kerala [2024 (5) KHC 503]. Condition No.2 is
onerous and unjustifiable. The petitioner's vehicle is lying
exposed to the vagaries of nature and likely to get rusted and
ruined. The learned Magistrate has failed to consider the law
laid down in Sunderbhai Ambalal Desai v. State of
Gujarat [AIR 2003 SC 638]. Hence, condition No.2 in
Annexure A4 order may be set aside.
3. I have heard the learned counsel for the petitioner
and the learned Public Prosecutor.
4. Admittedly, the petitioner's vehicle was seized by
the Investigating Officer on 14.11.2025. The vehicle has been
lying in judicial custody for the last three months. The
learned Magistrate has allowed the petitioner's application
for interim custody, but subject to the condition that the
petitioner should furnish a bank guarantee for Rs.3,15,000/-.
It is the petitioner's specific case that he does not have the
financial means to furnish the bank guarantee for the above-
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CRL.MC NO. 483 OF 2026
said amount. Moreover, the vehicle is lying exposed to the
vagaries of nature and likely to get ruined.
5. In Sunderbhai Ambalal Desai's case (supra), the
Hon'ble Supreme Court has categorically held that interim
custody of the vehicle shall be given to its owner in order to
avoid getting destroyed.
6. Taking into consideration the peculiar facts and
circumstances of the case, particularly that the petitioner's
vehicle is lying in judicial custody for the last three months, I
am inclined to exercise the inherent powers of this Court
under Section 528 of the Bharatiya Sagarik Suraksha
Sanhita.
Accordingly, the Crl.M.C. is allowed in the following
manner:
i) Condition Nos.1 and 2 in Annexure A4 order is modified;
ii) The petitioner is directed to execute a bond for
Rs.5,00,000/- (Rupees five lakh only) with one solvent
surety for the like sum to the satisfaction of the Trial
Court;
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CRL.MC NO. 483 OF 2026
iii) On the petitioner executing the said bond, the Trial
Court is directed to grant interim custody of the vehicle
to the petitioner;
iv) The petitioner shall also comply with condition Nos.3 to
5 in Annexure A4 order;
v) This order shall not stand in the way of the competent
authority proceeding with the confiscation proceedings,
if any, proposed.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 483 OF 2026
APPENDIX OF CRL.MC NO. 483 OF 2026
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME
NO.1433/2025 OF ERATTUPETTA POLICE STATION
Annexure A2 A TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE
Annexure A3 A TRUE COPY OF THE PETITION IN CMP NO.
2289/2025 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, ERATTUPETTA
Annexure A4 A TRUE COPY OF THE ORDER IN CMP NO.
2289/2025 DATED 07.01.2026 PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
ERATTUPETTA,
