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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BABUKUTTAN CHETTIAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. seizure and the resulting legal implications regarding interim custody. (Para 1 , 2) |
| 2. the justification for modifying bail conditions based on precedent. (Para 3 , 4 , 5) |
| 3. court rulings and terms for interim custody granted. (Para 6) |
O R D E R
The petitioner is the registered owner of a tanker lorry bearing Reg.No.KL-59-E-3864, which was seized by the Erattupetta Police Station in Crime No.1433 of 2025 on the allegation that the accused person, who drove the tanker lorry had dumped toilet waste in a public place and thereby committed the offences punishable under Sections 270 , 271, 272 and 279 of the Bharatiya Nyaya Sanhita and Section
120(e) of the Kerala Police Act .
2. Claiming interim custody of the vehicle, the petitioner filed an application before the Court of the Judicial Magistrate of First Class, Erattupetta ('Trial Court', in short). However, by Annexure A4 order, the learned Magistrate allowed the application subject to conditions. As per condition No.2, the petitioner has been directed to furnish a bank guarantee for Rs.3,15,000/- before the said court, in view of the law laid down by this Court in Suhail M.A. v. State of Kerala [ 2024 (5) KHC 5
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