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2026 Supreme(Online)(Ker) 8972

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


Advocates:
For the Appellants/Petitioners: SHRI.ARJUN S., SHRI.AZEEM HASSAN
For the Respondents: PP.SRI. SANAL P. RAJ

Judgement Key Points

Key Points: - The court affirmed the necessity of valid insurance before vehicle release post-accident (!) (!) . - The condition to deposit Rs. 3,20,000 was found unjustifiable, adjusting to a bond of Rs. 5 lakh with insurance conditions (!) (!) . - Rule 391A mandates sufficient security and fresh valid third-party insurance before releasing a vehicle involved in an accident (!) (!) . - Execution of a bond for the amount cannot be treated as sufficient security (!) . - The vehicle can be released on executing a bond with solvent sureties and undertaking to obtain third-party insurance (!) .

What is the requirement for vehicle release after an accident under the referenced rule?

How to modify conditions for custody when a vehicle is involved in an accident?

What are the conditions for releasing a vehicle without valid insurance after an accident?


Table of Content
1. petitioner sought vehicle custody. (Para 1 , 2)
2. conditions for vehicle release debated. (Para 4 , 5)
3. court interpreted insurance requirements. (Para 6 , 7 , 8)

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENTTHE HONOURABLE MR.JUSTICE C.S.DIASTUESDAY, THE 10THDAY OF FEBRUARY 2026 / 21ST MAGHA, 1947CRL.MC NO. 1099 OF 2026CRIME NO.945/2024 OF Pandalam Police Station, PathanamthittaAGAINST THE ORDER DATED 05.12.2024 IN CRMP NO.3552 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOORPETITIONER/ACCUSED:

SHAJIMON AGED 48 YEARS PANDAKASALA HOUSE, VAYAKKAL P.O, VALAKAM, KOTTARAKARA, KOLLAM, PIN - 691532 BY ADVS.

SHRI.ARJUN S.

SHRI.AZEEM HASSAN RESPONDENTS/STATE & COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 STATION HOUSE OFFICERPANDALAM POLICE STATION, OPPOSITE POST OFFICE,PANDALAM, PATHANAMTHITTA, PIN - 689501PP.SRI. SANAL P. RAJTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 10th day of February, 2026 ORDER The petitioner is the owner of the vehicle bearing registration No.KL 24-G-2100, which is involved in Crime No.945/2024 regi

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