[Cites 3, Cited by 0]
Kerala High Court
Laiju P.P vs State Of Kerala on 12 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:12922
CRL.MC NO. 637 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
CRL.MC NO. 637 OF 2026
CRIME NO.1093/2025 OF Kalady Police Station, Ernakulam
AGAINST THE ORDER DATED 13.08.2025 IN CMP NO.879 OF 2025
OF JUDICIAL MAGISTRATE OF FIRST CLASS - IV, PERUMBAVOOR
PETITIONER/PETITIONER:
LAIJU P.P.
AGED 58 YEARS
S/O. PETER, RESIDING AT PULLAN HOUSE, POTTA KARA,
PERAPRA VILLAGE, MUKUNDAPURAM TALUK, POTTA P.O.,
THRISSUR DISTRICT,, PIN - 680722
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SHRI.K.A.ABHILASH
SRI.VINOD S. PILLAI
SHRI.MOHAMMED THAYIB N.M.
SMT.NAYANA VARGHESE
SMT.RIA VARGHESE
SHRI.JERRY PETER
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE, KALADY
POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
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CRL.MC NO. 637 OF 2026
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OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 637 OF 2026
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C.S.DIAS,J.
====================
Crl. M.C.No. 637 of 2026
------------------------------------ --
Dated this the 12th day of February, 2026
ORDER
The petitioner is the registered owner of the vehicle
bearing registration No.KL-57-N-0161. Alleging that the
vehicle was used by its driver for committing the offences
under Section 271 of the Bharatiya Nyaya Sanhita,
Section 120(e) of the Kerala Police Act and Section 219-J
of the Kerala Panchayat Raj Act, the Investigating Officer
in Crime No.1093 of 2025 of the Kalady Police Station,
seized the vehicle. The application filed by the petitioner
seeking interim custody before the Court of the Judicial
Magistrate of First Class-IV, Perumbavoor ('Trial Court', in
short) was conditionally allowed by Annexure A4 order. As
per condition No.(ii) in Annexure A4 order, the petitioner
has been directed to furnish a bank guarantee for Rs.2
lakhs. Although the petitioner sought for modification of
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CRL.MC NO. 637 OF 2026
condition No.(ii), the same has been dismissed by
Annexure A6 order. Condition No.(ii) in Annexure A4
order, and Annexure A6 order, are onerous and
unjustifiable. The learned Magistrate has failed to
consider the law laid down by the Hon'ble Supreme Court
in Sunderbhai Ambalal Desai v. State of Gujarat
[(2002) 10 SCC 283], wherein it is categorically held that
properties that have been seized in a crime have to be
released on interim custody to its owners. The principles
in the above decision are squarely applicable to the facts
of this case. Hence, the Crl.M.C.
2. I have heard learned counsel for the petitioner
and the learned Public Prosecutor.
3. Indisputably the petitioner's vehicle was seized
on 29.07.2025, which is more than six months. It is the
petitioner's specific case that he does not have the
financial means to furnish a bank guarantee for Rs.2
lakhs. In Sunderbhai Ambalal Desai's case (supra), the
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CRL.MC NO. 637 OF 2026
Hon'ble Supreme Court has, in unequivocal terms, held
that seized vehicles should be given on interim custody to
its owners.
3. Taking into consideration the fact that the
petitioner's vehicle has been judicial custody from
29.07.2025 and further the petitioner undertakes that he
would not use the vehicle for committing any further
crime, I am of the definite view that the petitioner's
vehicle should be given to him in interim custody,
following the principles in Sunderbhai Ambalal Desai's
case (supra).
In the aforesaid circumstances, I am inclined to
exercise the inherent powers of this Court under Section
528 of the BNSS and allow the Crl.M.C. Accordingly, the
Crl.M.C. is allowed in the following manner:
i) Annexure A6 order and condition No.(ii) in Annexure
A4 order are set aside;
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CRL.MC NO. 637 OF 2026
ii) The petitioner is directed to execute a bond for
Rs.10,00,000/- (Rupees ten lakhs) with two solvent
sureties, in supersession of condition No.(i) in
Annexure A4 order; and
iii) The petitioner shall comply with condition Nos.(iii) to
(ix) in Annexure A4 order.
It is made clear this order will not stand in the way of
the competent authority initiating confiscation
proceedings against the vehicle.
Sd/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 637 OF 2026
APPENDIX OF CRL.MC NO. 637 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF THE VEHICLE BEARING REGISTRATION NO.
KL-57-N-0161 DATED 23.03.2016
Annexure A2 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 1093 OF 2025 OF KALADY POLICE
STATION DATED 29.07.2025
Annexure A3 TRUE COPY OF THE CERTIFICATE OF THE
ENTERPRISE ISSUED BY THE GOVERNMENT OF
INDIA DATED 27.07.2024
Annexure A4 CERTIFIED COPY OF THE ORDER PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,
PERUMBAVOOR IN C.M.P. NO. 879 OF 2025 IN
CRIME NO. 1093 OF 2025 OF KALADY POLICE
STATION DATED 13.08.2025
Annexure A5 TRUE COPY OF C.M.P. NO. 958 OF 2025 DATED
16.08.2025
Annexure A6 CERTIFIED COPY OF THE ORDER PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,
PERUMBAVOOR IN C.M.P. NO. 958 OF 2025 IN
C.M.P. NO. 879 OF 2025 IN CRIME NO. 1093
OF 2025 OF KALADY POLICE STATION DATED
08.09.2025
Annexure A7 TRUE COPY OF THE CERTIFICATE NO. KLMSME-
25043/2025 ISSUED BY THE GOVERNMENT OF
KERALA, DEPARTMENT OF INDUSTRIES AND
COMMERCE DATED 27.11.2025
