Kerala High Court
Dasan vs State Of Kerala on 17 April, 2026
CRL.MC NO. 2836 OF 2026 1
2026:KER:33035
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 17TH DAY OF APRIL 2026 / 27TH CHAITHRA, 1948
CRL.MC NO. 2836 OF 2026
CRIME NO.31/2026 OF Kannamali Police Station, Ernakulam
AGAINST THE ORDER DATED 18.03.2026 IN CMP NO.4 OF
2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI
PETITIONER/ACCUSED:
DASAN,
AGED 64 YEARS
S/O.KESAVAN,PANICKASSERY HOUSE, CHALLANAM,
ERNAKULAM -, PIN - 682008
BY ADV SMT.NAZRIN BANU
RESPONDENTS/STATE-COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM -, PIN - 682031
2 THE STATION HOUSE OFFICER,
THE STATION HOUSE OFFICER,KANNAMALY POLICE
STATION,ERNAKULAM -, PIN - 682008
M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.04.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 2836 OF 2026 2
2026:KER:33035
G. GIRISH, J
--------------------------------
CRL.MC NO. 2836 OF 2026
----------------------------------------
Dated this the 17th day of April, 2026
ORDER
Annexure-C order passed by the Judicial First Class
Magistrate Court-I, Kochi, dismissing the application filed for
the release of the vehicle involved in the Crime No.31/2026
of Kannamaly Police Station, Ernakulam, is under challenge
in this petition filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
2. The offences involved in the aforesaid case
are under Sections 281 and 105 of the Bharatiya Nyaya
Sanhita, 2023, and Section 140 of the Electricity Act, 2003.
The petitioner herein is the owner of the private bus with
Registration No.KL-49C-7812, which had hit a nine-year-old
child, resulting in his death.
3. The learned Magistrate declined to release
the vehicle, stating the reason that there is every likelihood
of repetition of the crime if the vehicle is released.
4. Heard the learned counsel for the
petitioner and the learned Public Prosecutor representing
the State of Kerala.
CRL.MC NO. 2836 OF 2026 3
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5. It is submitted by the learned Public
Prosecutor that the investigation in this case is almost over.
Hence there is absolutely no purpose to be fulfilled by
retaining the custody of the vehicle.
6. It is well settled by the decision of the
Hon’ble Supreme Court in Sunderbhai Ambalal Desai v.
State of Gujarat [(2002) 10 SCC 283], that the Court
should take a liberal view in the matter of the release of the
vehicles involved in offences of this nature. It has been
emphasized in the aforesaid decision that the Courts
concerned should take care to avoid vehicles and other
material objects getting accumulated in the premises of the
Courts and Police Stations, resulting in loss, and also
deprivation of utility. As far as the present case is
concerned, the apprehension of the Court below about the
repetition of commission of identical offences, if the vehicle
is released to the petitioner, is totally out of place.
7. Having regard to the facts and
circumstances of this case, I am of the view that the
petitioner is entitled to the release of the vehicle to his
interim custody, pending the disposal of the case.
CRL.MC NO. 2836 OF 2026 4
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In the result, the Crl.MC stands disposed of as
follows:
(i) The vehicle involved in this case is ordered to
be released to the interim custody of the
petitioner, on executing a bond for Rs.1,00,000/-
(Rupees one Lakhs only), with two solvent
sureties each for the like amount.
(ii) The SHO of police concerned should take the
photographs of the vehicle from all sides, at the
expense of the petitioner herein, and produce the
same before the Trial Court, along with a report.
(iii) The petitioner shall produce the vehicle
before the Trial Court or any other authority as
and when directed, in the same condition as it
appears now.
(iv) The petitioner shall not transfer the vehicle to
any person without getting prior permission from
the jurisdictional Court.
Sd/-
G.GIRISH
JUDGE
AJ
CRL.MC NO. 2836 OF 2026 5
2026:KER:33035
APPENDIX OF CRL.MC NO. 2836 OF 2026
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE FIR NO. 31/2026 OF
KANNAMALY POLICE STATION
Annexure B A TRUE COPY OF THE ORDER DATED
19.03.2026 IN BAIL APPLICATION NO 1497
OF 2026
Annexure C A TRUE COPY OF THE ORDER DATED
18.03.2026 IN CMP NO. 4/2026 IN CRIME
NO. 31/2026 OF KANNAMALY POLICE STATION
