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2021 Supreme(Ker) 235

BECHU KURIAN THOMAS
Zoom Car India Pvt. Ltd. – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.LATHEESH SEBASTIAN
For the Respondent: SMT.S.L.SYLAJA

JUDGMENT :

This writ petition seeks for a direction to the respondents to release the vehicle bearing Registration No.KA-03-AJ-1530 alleged to be involved in Crime No.90/2021 of the Harbour Crime Police Station to the authorised representative of the petitioner.

2. Petitioner is a company alleged to be involved in the business of renting cars to various customers through out the country. One of the cars bearing the aforesaid registration number met with an accident within the jurisdiction of the 3rd respondent on 20.02.2021 and a Crime No.90/2021 has been registered by the 3rd respondent, against the driver, for the offences under Sections 279, 337 and 338 of the IPC.

3. According to the petitioner, even though they had authorised their representative to take interim custody of the vehicle involved in the above said crime, the 3rd respondent is insisting upon the Managing Director to appear before the 3rd respondent to collect the vehicle. It is submitted that as a legal entity, the first respondent can only send its authorised representative to collect the vehicle and once the authorisation is found to be genuine, there is no reason for the 3rd respondent to refuse to handover custod

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