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2026 Supreme(Online)(Ker) 4416

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SIMON P.L – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.LAL K.JOSEPH, SHRI.P.MURALEEDHARAN (THURAVOOR), SHRI.SURESH SUKUMAR, SHRI.SANJAY SELLEN, SHRI.ADITHYA S. PUTHEZHATH, SMT.SONIA SHIBU, SMT.AAMINA RAFEEK, SHRI.MANOJ K., SMT.SARA ELIZABETH MATHEW, SRI.M.R.XAVIER
For the Respondents: SR.PP.SMT.SEETHA S

O R D E R Dated this the 27th day of January, 2026 The petitioner is the registered owner of a lorry bearing registration No.KL-41-C- 9973, which has been seized by the Mulavukad Police Station in Crime No.840/2025, alleging that the vehicle was used for dumping slurry in a public premises. Thus the accused has committed the offence under Section 271 of the Bharatiya Nyaya Sanhita , 2023 ( BNS ) and 120(e) of the Kerala Police Act , 2011.

2. Seeking interim custody of the vehicle, the petitioner filed Annexure A3 application before the Court of the Judicial First Class Magistrate-I, Ernakulam. Nonetheless, by Annexure A4 order, the learned Magistrate has dismissed the application, in light of the directions passed by this Court in W.P.(C) No.7844/2023. Annexure A4 order is unjust and erroneous. 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 petitioner’s vehicle is in custody since 20.12.2025. The vehicle is left exposed to the vagaries of nature. The interim custody of the vehicle has been denied to the petitioner only in view of the directions passed by this Cou

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