Kerala High Court
Sukumar Murukan vs State Of Kerala on 10 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1834 OF 2026
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2026:KER:21529
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 10TH DAY OF MARCH 2026 / 19TH PHALGUNA, 1947
CRL.MC NO. 1834 OF 2026
CRIME NO.769/2025 OF Viyyur Police Station, Thrissur
PETITIONER/S:
SUKUMAR MURUKAN
AGED 25 YEARS
S/O MURUKAN, SARAVANA GARDEN, RAJAKOVIL MAIN ROAD,
GANDHI NAGAR, GUDIYATHAM, SETHUVADAI P.O., VELLORE
DISTRICT, TAMIL NADU, PIN - 635803
BY ADVS.
SHRI.P.B.MUHAMMED AJEESH
SHRI.SANDEEP V.G.
SHRI.RAIEEZ M ASHRAF
SHRI.ATHIRA UTHAMAN
SMT.SUSAN BABU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
VIYYUR POLICE STATION, THRISSUR DISTRICT, PIN - 680631
SR.PP.SMT.SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1834 OF 2026
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2026:KER:21529
C.S.DIAS, J.
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Crl.M.C. No. 1834 OF 2026
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Dated this the 10th day of March, 2026
ORDER
The petitioner is the 2nd accused in Crime No.769/2025 registered by the Viyyoor Police Station, Thrissur, alleging the commission of the offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023.
2. The petitioner has stated in the Crl.M.C. that he has been falsely implicated in the crime. He is running a mobile shop and a service centre in Tamil Nadu. Alleging that he is involved in the crime, the Investigating Officer seized his gold bangle weighing 23.810 grams, several mobiles and laptop ('property', for short) that were kept in his shop for repair and second-hand sale. Claiming interim custody of the property, the petitioner filed an application before the Court of the Judicial First Class Magistrate-I, Thrissur ('Trial Court') under Section 497 of the BNSS. By the impugned Annexure A2 order, the Trial Court allowed the application subject to conditions. As per condition No.(1) the petitioner has been CRL.MC NO. 1834 OF 2026 3 2026:KER:21529 directed to furnish a bank guarantee for Rs.3,50,000/- as security for the interim release of the gold bangle till the disposal of the case. Condition No.(1) is onerous and unreasonable. Hence, the Crl.M.C.
3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.
4. Undisputedly, the Trial Court has found that the property in question belongs to the petitioner. It was on the basis of the said finding that the Trial Court has granted the interim custody of the property to the petitioner subject to conditions. As per condition No.(1) the petitioner was directed to furnish a bank guarantee for Rs.3,50,000/- for the interim release of the gold bangle until the disposal of the case. At the same time, the petitioner has also been directed not to make any alterations, modification or reduction of weight of the gold bangle, to take photograph of the gold bangle and also to execute a bond for Rs.2,50,000/-.
5. In Sunderbhai Ambalal Desai v. State of Gujarat, [2002 10 SCC 283], the Hon'ble Supreme Court has categorically held that interim custody of the property should CRL.MC NO. 1834 OF 2026 4 2026:KER:21529 be given to its owner in order to prevent the ruining and deterioration of the property.
6. Taking into consideration that there are no rival claimants for the property covered under the impugned order and the fact that the Trial Court has already incorporated sufficient safeguards to ensure that the property is maintained by the petitioner till the disposal of the case, I am of view that the direction to furnish a bank guarantee for Rs.3,50,000/- is onerous and unjustifiable. Thus, I am inclined to exercise the inherent powers of this Court under Section 528 of the BNSS and set aside condition No.(1) in the above order.
In the aforesaid circumstances, I allow the Crl.M.C, by setting aside Annexure-A2 order, but by directing the petitioner to execute a bond for Rs.3,50,000/- with two solvent sureties for the like sum to the satisfaction of the Trial Court. The petitioner shall also comply with condition Nos.(3) to (6) in the above order.
sd/-
C.S.DIAS, JUDGE rkc CRL.MC NO. 1834 OF 2026 5 2026:KER:21529 APPENDIX OF CRL.MC NO. 1834 OF 2026 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR NO. 769/2025 OF VIYYUR POLICE STATION, THRISSUR DISTRICT Annexure A2 THE CERTIFIED COPY OF THE ORDER DATED 11.02.2026 IN CRL. M.P. NO. 2/2026 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR Annexure A3 THE TRUE COPY OF THE BAIL OBJECTION REPORT DATED 05.12.2025 FILED BEFORE THE 2ND ADDITIONAL DISTRICT & SESSIONS COURT, THRISSUR