C.S.DIAS, J.

------------------------------------------ Crl.M.C. No. 9491 OF 2025 --------------------------------------------

Dated this the 29^th day of January, 2026 ORDER The petitioner is the registered owner of a vehicle bearing No. KL-41F-0730, which has been seized by the Investigating Officer in Crime No.658/2025 registered by the Palarivattom Police Station alleging that the driver of the vehicle has committed the offences punishable under Section 271 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 120 (e) of the Kerala Police Act, 2011 .

2. Claiming interim custody of the vehicle, the petitioner filed an application before the Court of the Judicial First Class Magistrate-IX, Ernakulam (Trial Court) However, by Anneuxre II order, the Trial Court has dismissed the application on the ground that this Court in WP© No.7844/2023 has held that vehicle seized for committing the above offences shall not be released.

Annexure II order is onerous and unjustifiable. The petitioner’s vehicle was seized as early as on 16.09.2025 and is lying exposed to the vagaries of nature. No useful purpose would be served in leaving the petitioner’s vehicle exposed to nature