SONIA KOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) An Enfield Bullet Motor Bike, registered in the name of the petitioner, met with an accident while her husband was riding the bike. Admittedly, the vehicle is not covered by a policy of insurance against third party risks. Crime No.473 of 2019 of the Mannar Police Station was consequently registered inter alia under Sections 279, 337 and 338 of the IPC.

(2.) The petitioner filed an application to get the vehicle released under Section 457 of the Cr.P.C before the jurisdictional Magistrate. The learned Magistrate, placing reliance on Rule 391A of Kerala Motor Vehicle (Amendment) Rules, 2018, held that the petitioner was not entitled to get the vehicle released.

(3.) The said order is under challenge.