Kerala High Court
Mani K vs State Of Kerala on 31 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:57249
CRL.MC NO. 4827 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
CRL.MC NO. 4827 OF 2025
CRIME NO.247/2025 OF CHITTUR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 25.04.2025 IN CMP
NO.964 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
CHITTUR
PETITIONER:
MANI K
AGED 63 YEARS
S/O KUNJU,
RESIDING AT DOOR NO. 10/479,
NEERKKODE HOUSE,
CHITTUR POST,
PALAKKAD DISTRICT,
PIN - 678101
BY ADVS.
SHRI.SARATH M.S.
SHRI.GOKUL DEVIS
SHRI.ATHUL KRISHNA A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
2025:KER:57249
CRL.MC NO. 4827 OF 2025
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CHITTUR POLICE STATION,
PALAKKAD DISTRICT,
PIN - 678101
BY SRI. AJITH MURALI, PP.,
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:57249
CRL.MC NO. 4827 OF 2025
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ORDER
The petitioner's Maruti Suzuki Alto Lxi Car bearing registration No. KL-09-AE-77 was seized in connection with Crime No.247 of 2025 registered at the Chittur Police Station for the offence under Section 13 r/w Section 63 of the Abkari Act. The petitioner is not an accused in the crime and his application seeking interim custody of the vehicle was allowed as per Annexure A3 order, subject to conditions. This Crl.M.C is filed aggrieved by the condition requiring the petitioner to deposit an amount of Rs.1,40,000/-, being the value of the vehicle fixed by the Sub RTO, Chittur.
2. Learned counsel for the petitioner contended that insofar as the petitioner is not an accused, the direction to furnish cash security is unjustified. He then submitted that the vehicle being a Maruti Alto car of 2012 make, its value will not be Rs.1,40,000/- by any stretch of imagination.
3. Learned Public Prosecutor submitted that, insofar as the vehicle is seized in connection with an abkari offence, it can be released only on furnishing cash security.
2025:KER:57249 CRL.MC NO. 4827 OF 2025 4
4. I find the contention urged by the learned Public Prosecutor to be well founded in view of Section 53-B of the Abkari Act. At the same time, there appears to be some merit in the submission of the learned counsel for the petitioner that the vehicle, being a 2012 model Maruti Alto car, the value fixed as Rs.1,40,000/- is on the higher side.
The Crl.M.C is hence disposed of, by reducing the amount to be furnished as cash security to Rs.1,00,000/- instead of Rs.1,40,000/- and retaining all other conditions as such.
Sd/-
V.G.ARUN JUDGE SPV 2025:KER:57249 CRL.MC NO. 4827 OF 2025 5 APPENDIX OF CRL.MC 4827/2025 PETITIONER'S ANNEXURES ANNEXURE A1 A TRUE COPY OF THE RC AND INSURANCE CERTIFICATE ANNEXURE A2 A TRUE COPY OF THE FIR 247/2025 OF CHITTUR POLICE STATION DATED 10/03/2025 ANNEXURE A3 A TRUE COPY OF THE ORDER CMP 964/2025 DATED 25/04/2025 IN CRIME NO.247/2025 IN THE COURT OF JFCM-I,CHITTUR RESPONDENTS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE