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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BIJU.P.V – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. property should not deteriorate while under judicial custody. (Para 1 , 2) |
| 2. application for interim custody seeks to address objectionable orders. (Para 3) |
| 3. interim custody can be granted to prevent property deterioration. (Para 4 , 5) |
| 4. final orders set aside previous decisions and grant interim custody. (Para 6) |
C.S.DIAS, J.
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Crl. M.C No. 923 of 2026 -----------------------------------------
Dated this the 24th day of February, 2026
ORDER
The petitioner is the registered owner of a goods vehicle bearing registration no. KL-21-C-6644. The vehicle was seized by the Chakarakallu Police Station in Crime No. 754/2025, alleging that the vehicle was used for committing the offences punishable under Section
271 of the Bharatiya Nyaya Sanhita (‘ BNS ’, in short).
2. The petitioner filed an application under Section 497 of the BNSS before the Court of the Judicial First Class Magistrate – III, Kannur, (‘learned Magistrate’, in short) seeking interim custody of the vehicle. However, by Annexure 3 order, the learned Magistrate dismissed the application on the ground that the vehicle was used to dump toilet and sewage waste in public
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