THADEVOOS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.1293/2025 registered by the Mala Police Station, Thrissur, alleging the commission of the offences punishable under Ss. 281 and 125(b) of the Bharatiya Nyaya Sanhita and Sec. 146 read with Sec. 196 of the Motor Vehicles Act ('Act', for short)

(2.) Alleging that the petitioner had driven his car bearing registration No. KL-45-W-0688 in a rash and negligent manner and hit against the motorcycle driven by the de facto complainant, who suffered grievous injuries, the Investigating Officer seized the vehicle, particularly for the reason that the vehicle did not have a third-party risks insurance policy. The vehicle is lying exposed to the vagaries of nature. Claiming interim custody of the vehicle, the petitioner filed Annexure-2 application before the Court of the Judicial First-Class Magistrate, Chalakkudy ("the learned Magistrate", for brevity). The learned Magistrate, after calling for a valuation report from the Assistant Motor Vehicles Inspector, who valued the vehicle at Rs.3,77,000.00, by Annexure-5 order, has ordered the interim custody of the vehicle to be given to the petitioner, subject to the condition that he deposits Rs.3,77,000.00 as cash security. Condition No. (1) in Annexure-5 order is onerous and unjustifiable.

(3.) I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.