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2025 Supreme(Online)(Ker) 48963

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
BYJU N.V – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABDUL RAOOF PALLIPATH, SHRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SMT.GANGA A.SANKAR, SMT.KRISHNAPRIYA R., SMT.ANJU DONY
For the Respondents: SR PP SMT SEETHA

Table of Content
1. conditions imposed for vehicle custody were unreasonable. (Para 1 , 2)
2. the need for modification of onerous conditions. (Para 3)
3. the final order modified custody conditions positively. (Para 4)

O R D E R Dated this the 30th day of October, 2025 The petitioner is the accused in Crime No.497/2025 registered by the Kannapuram Police Station, Kannur, alleging the commission of the offences punishable under Sections 281 and 106 of the Bharatiya Nyaya Sanhita , 2023.

2. By Annexure A2 order, the petitioner was granted an order of pre-arrest bail. Subsequently, the petitioner filed CMP.No.2275/2025 to grant him interim custody of the vehicle. By Annexure A4 order, the said application was allowed, but subject to the condition that the petitioner furnishes bank guarantee for Rs.5,60,000/- with two solvent sureties each for the like sum, in addition to other conditions. Aggrieved by condition No.1 that the petitioner should furnish bank guarantee, he filed CMP No. 2834 (A) /2025. By Annexure A6 order, the learned Magistrate disposed of the application by permitting the petitioner to either furnish bank guarantee or cash security of Rs.5,60,000/- to release the vehicl

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