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2026 Supreme(Online)(Ker) 5609

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


Advocates:
For the Appellants/Petitioners: SRI.P.M.ZIRAJ, SHRI.IRFAN ZIRAJ
For the Respondents: SR PP SMT SEETHA S

ORDER

The petitioner is the owner on a vehicle bearing registration No.KL-46-6357, which has been seized by the Mukkom Police Station in Crime No.1039/2025, alleging that the accused had used the vehicle for allegedly committing the offences punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001.

2. Claiming interim custody of the vehicle, the petitioner had filed CMP No.2625/2025 before the Court of the Judicial First Class Magistrate-II, Thamarasserry (‘Trial Court’, in short). By Annexure 2 order, the above Court allowed the application subject to conditions. As per condition No.5, the petitioner has been directed to furnish bank guarantee or security in the form of immovable property for Rs.75,600/-. The petitioner attempted to execute the bond and furnish security by way of immovable property. However, the Chief Ministerial Officer of the Trial Court has directed the petitioner to produce the original title deeds of his property. The insistence to produce the original title deeds is onerous and unreasonable. There is no statutory provision enabling the above course. H

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