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V. G. ARUN
Sreeraj, S/o. Ramankutty – Appellant
Versus
Station House Officer – Respondent
ORDER :
The petitioner's vehicle, a 2013 model Tata Indica Vista Car bearing registration No.KL- 01/BK/3868 met with a road accident on 18.12.2019, resulting in fatal injuries to a pedestrian. Crime No.1410 of 2019 was registered against the petitioner at the Kalady Police Station and the offending vehicle was seized. The petitioner submitted an application under Section 451 Cr.P.C seeking interim custody of his vehicle. By Annexure A2, the learned Magistrate allowed the application, granting interim custody of the vehicle to the petitioner, subject to stringent conditions. The Regional Transport Officer, Angamalay, fixed the value of the vehicle at Rs.1,72,000/-and the first condition imposed as per Annexure A2 order is to deposit Rs.1,72,000/- by way of security. The learned Magistrate has stated that the vehicle was not covered by a valid policy of insurance at the time of accident and that Rule 391(A) of the Kerala Motor Vehicle (First Amendment) Rules, 2018 prohibits release of motor vehicles involved in accidents and which are not covered by a policy of insurance, unless and until the owner furnishes sufficient security to the satisfaction of the court for paying the compensat
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