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2026 Supreme(Online)(Ker) 4111

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANIL KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BINU V V VEETTIL VALAPPIL, SHRI.MANEKSHA D.
For the Respondents: PP SRI M P PRASANTH

O R D E R

Dated this the 27th day of January, 2026 The petitioner is the registered owner of a vehicle bearing Registration No.KL-59-Y-0647, which was involved in an accident and led to the registration of Crime No.688/2025 by the Kannur Town Police Station, against the driver of the vehicle for committing the offences punishable under Sections 281 and 125(b) of the Bharatiya Nyaya Sanhita , 2023 and Sections 146 read with Section 196 , 190(2) and 177 of the Kerala Motor Vehicles Act .

2. Claiming interim custody of the vehicle, the petitioner filed C.M.P.No.7303/2025 before the Court of the Judicial First Class Magistrate-I, Kannur (‘Trial Court’, in short) under Section 497 of the BNSS. By the impugned Annexure-3 order, the learned Magistrate ordered the interim custody of the vehicle to be given to the petitioner subject to conditions. As per condition No.2, the petitioner is directed to deposit Rs.3,00,000/- towards cash security.

The said condition is onerous and unjustifiable. Hence, the Crl.M.C.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that, the direction in Annexure-3 order ord

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