The High Court of Kerala dismissed a criminal miscellaneous petition challenging a condition requiring cash security for the interim custody of a seized Bajaj auto rickshaw. The court held that Section 53B mandates such security and upheld the order against interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
CRL.MC NO. 2117 OF 2023
AGAINST THE ORDER/JUDGMENTST 3341/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,MATTANNUR
PETITIONER/ACCUSED:
DEVASSIA. V.P
AGED 60 YEARS
S/O PHILIP, AGED 60 YEARS, VALLIKKAVUNKAL HOUSE,
AYYANKUNNU AMSOM ANAPANTHY DESOM, ANAPPANTHY, IRITTY
TALUK, KANNUR DISTRICT, PIN - 670706
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312STATION HOUSE OFFICER
KARIKOTTAKARI POLICE STATION, KANNUR DISTRICT - 670
704, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI. M.C.ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2117 OF 2023
2
O R D E R
Dated this the 21st day of March, 2023
The petitioner is the owner of a Bajaj auto rickshaw bearing registration number KL-58-X-5691 and is the accused in Annexure A1 crime registered for offences under the Kerala Abkari Act. The petitioner moved an application under Section 451 before the jurisdictional Magistrate, seeking release of his vehicle on interim custody. By Annexure A5, the petition was allowed subject to certain conditions. The 1st condition requires the petitioner to provide cash security of Rs.1,15,000/-. This Crl.M,C is filed aggrieved by that condition.
CRL.MC NO. 2117 OF 2023
3
Section 482 Cr.P.C.
For the aforementioned reasons, the Crl.M.C is dismissed.
Sd/-
V.G ARUN JUDGE
SJ
CRL.MC NO. 2117 OF 2023
4
APPENDIX OF CRL.MC 2117/2023
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF FIRST INFORMATION REPORT
DTD.11.10.2022 IN CR. NO. 419 OF 2022 OF
KARIKOTTAKARI POLICE STATION REGISTERED
BY 2ND RESPONDENT
Annexure A2TRUE COPY OF NOTICE NO. 254957/2022 DTD.
09/11/2022
Annexure A3TRUE COPY OF REPLY DTD. 19.11.2022
Annexure A4TRUE COPY OF C.M.P. NO. 176 OF 2023 IN
S.T.C NO. 3341 OF 2022 OF THE JUDICIAL
FIRST CLASS MAGISTRATE'S COURT-,
MATTANNUR
Annexure A5CERTIFIED COPY OF ORDER DTD. 11.01.2023
IN C.M.P. NO. 176 OF 2023 IN S.T.C NO.
3341 OF 2022 OF THE JUDICIAL FIRST CLASS
MAGISTRATE'S COURT-, MATTANNUR
3 issues framed by the court
Whether a condition requiring cash security equivalent to market value is valid for interim custody of a seized vehicle under the Kerala Abkari Act.
Whether the condition imposed is unconscionable under Section 451 read with Section 53B.
The power of the High Court to interfere under Section 482 Cr.P.C. in such matters.
3 provisions across 2 enactments
DEVASSIA. V.P
STATE OF KERALA
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court