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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ADV.JOMON P.VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenging interim custody based on ownership. (Para 2 , 3) |
| 2. arguments regarding financial contributions for ownership. (Para 4 , 5 , 6) |
| 3. defining lawful possession and rights during custody claims. (Para 8 , 9 , 10 , 11 , 12) |
| 4. finding in favor of registered owner for interim custody. (Para 13) |
ORDER
Dated : 6th January, 2026 The common petitioner filed these Crl.M.Cs challenging Annexure-A3 common order passed by the Judicial Magistrate of First Class-II, Ernakulam in CMP 2295/2022 and CMP 2609/2022, two rival petitions for interim custody of a vehicle, in crime No.553/2022 of Central police station, Ernakulam.
2. The petitioner is the accused in the above crime and the 3rd respondent is the de facto complainant therein. The vehicle bearing registration No.KL 07 CW 4860 was seized by the police and for the interim custody of the same, the accused as well as the de facto complainant filed two separate applications. The learned Magistrate allowed the application filed by the de facto complainant and dismissed that of the petitioner herein as per Annexure-
A3 order. Aggrieved by the said order, he preferred these Crl.M.Cs.
3. According to the petitioner, he is the
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