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2026 Supreme(Online)(Ker) 5613

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SULIFIKAR M.R – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.KHADEEJA RISHBATH KALLINGAL, SRI.ABHILASH AKBAR, SHRI.SYAM K.P., SMT.REMYA VELAYUDHAN, SHRI.ASHISH GOPAL K G, SMT.VINIMOL V.S., SMT.POOJA K., SMT.LIJI ESAHAK
For the Respondents: SMT.SEETHA S

Table of Content
1. petitioner claims interim custody due to vehicle seizure. (Para 1 , 2)
2. court hearings on interim custody request. (Para 3 , 5)
3. precedent relied upon for decision-making. (Para 6)
4. court's decision to grant custody with conditions. (Para 7)

C.S.DIAS, J.

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

Dated this the 29th 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

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