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Kerala High Court
Hashib Shaheen vs State Of Kerala on 10 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1139 OF 2026 1
2026:KER:11767
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
CRL.MC NO. 1139 OF 2026
CRIME NO.121/2024 OF BALUSSERY POLICE STATION, KOZHIKODE
AGAINST THE ORDER DATED 17.06.2025 IN CMP 2317/2025 IN CC
NO.358 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,
PERAMBRA
PETITIONER/PETITIONER:
HASHIB SHAHEEN
AGED 28 YEARS
S/O MUHAMMED ABDUL HANEEFA, PAMOODAN HOUSE,
MUSLIYARANGADI, YEDDYURAPP, KONDOTTY, MALAPPURAM
DISTRICT. PIN 673638 REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER MR. ASIF K., AGED 28 YEARS, S/O
ABDUL KAREEM K., KALATHINGAL HOUSE, KAKKASSERIKUNNU,
PANNIPARA P.O, PERAKAMANNA, ERNAD TALUK, MALAPPURAM
DISTRICT. PIN 676541
BY ADVS.
SRI.ADITHYA RAJEEV
SMT.S.PARVATHI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI, PIN - 682031
BY SRI.SANAL P RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1139 OF 2026 2
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ORDER
Dated this the 10th day of February, 2026
The petitioner is the registered owner of a Tanker
Lorry bearing Registration No.KL 29C 5236. Alleging that
the vehicle was used for commission of the offences under
Sections 270 and 279 of the Indian Penal Code and
Sections 219S and 219 H of the Kerala Panchayat Raj Act,
1994, Section 120(e) of the Kerala Police Act and Sections
183 and 132(1) of the Motor Vehicles Act, 1988, the
petitioner's vehicle was seized by Balussery Police Station
in Crime No.121/2024 .
2. Seeking interim custody of the vehicle the
petitioner had filed an application before the Court of the
Judicial First Class Magistrate-II, Permabra, ('Trial Court',
in short). By Annexure-V order, the learned Magistrate
allowed the application, but subject to conditions. As per
Condition No.(iii), the petitioner has been directed to
furnish a bank guarantee for Rs.2,00,000/-. Condition No.
2026:KER:11767
(iii) is onerous and unjustifiable. Therefore, Condition No.
(iii) in Annexure-V order may be set aside.
3. I have heard the learned Counsel for the
petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner
submits that Condition No.(iii) in Annexure-V order is
unjustifiable. The petitioner's vehicle is lying exposed to
vagaries of nature since 03.02.2024, which is nearly two
years. The petitioner's vehicle is likely to get ruined and
rusted. In Sunderbhai Ambalal Desai v. State of
Gujarat [2002(10) SCC 283], the Hon'ble Supreme Court
has categorically directed that the court should always
grant interim custody of the vehicles to its owners subject
to conditions in order to avoid the vehicles getting ruined.
The above decision is squarely applicable to the facts of the
case. Hence, the Crl.M.C. may be allowed.
5. The petitioner's vehicle was seized by the
Investigating Officer on 03.02.2024 on the allegation that it
was used for dumping waste in the public premises.
CRL.MC NO. 1139 OF 2026 4
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6. Admittedly, the petitioner's vehicle is in
custody for two years now. Taking into consideration of
the law laid down in Sunderbhai Ambalal Desai's case
and the fact that the vehicle is lying exposed to sun and
rain, I am satisfied that the petitioner is entitled to the
relief prayed for in the Crl.M.C. Hence, I am inclined to
exercise the inherent powers of this Court under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Accordingly, the Crl.M.C. is allowed in the
following manner:-
(i) Condition No.(iii) in Annexure-V order is set
aside, subject to the condition that the petitioner
shall execute a bond for Rs. 5,00,000/- with two
solvent sureties for the like sum to the satisfaction
of the Trial Court, and specifically undertaking to
produce the vehicle before the Trial Court as and
when directed.
(ii) The petitioner shall also comply with Condition
Nos.(ii),(iv) and (v) in the Annexure-V order.
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(iii) This order shall not stand in the way of the
competent authority proceeding with the
confiscation proceedings, if any proposed.
(iv) Any application for modification of the above
condition shall be entertained and disposed by the
learned Magistrate.
C.S.DIAS
JUDGE
NAB
2026:KER:11767
APPENDIX OF CRL.MC NO. 1139 OF 2026
PETITIONER ANNEXURES
ANNEXURE-I A TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED BY THE GOVERNMENT OF
KERALA WITH RESPECT TO THE VEHICLE OF THE
PETITIONER, ISSUED ON 22-01-2011
ANNEXURE-II A TRUE COPY OF THE FIRST INFORMATION
OF 2024 OF THE BALUSSERY POLICE STATION,
KOZHIKODE DISTRICT
ANNEXURE-III A TRUE COPY OF THE ONLINE CASE STATUS IN
C.C NO.358 OF 2024 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, PERAMBRA AS
AVAILABLE IN THE OFFICIAL WEBSITE OF THE
DISTRICT COURTS (E-COURTS)
ANNEXURE-IV CERTIFIED COPY OF THE AFFIDAVIT AND
PETITION DATED 29-05-2025 IN CMP NO.2317
OF 2025 IN C.C NO.358 OF 2024 OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
PERAMBRA PREFERRED BY THE PETITIONER
ANNEXURE-V CERTIFIED COPY OF THE ORDER DATED 17-06-
2025 IN CMP NO.2317 OF 2025 IN C.C NO.358
OF 2024 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PERAMBRA
