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2020 DIGILAW 620 (KER)

Sreeraj, S/o. Ramankutty v. Station House Officer

2020-07-21

V.G.ARUN

body2020
ORDER : The petitioner's vehicle, a 2013 model Tata Indica Vista Car bearing registration No.KL- 01/BK/3868 met with a road accident on 18.12.2019, resulting in fatal injuries to a pedestrian. Crime No.1410 of 2019 was registered against the petitioner at the Kalady Police Station and the offending vehicle was seized. The petitioner submitted an application under Section 451 Cr.P.C seeking interim custody of his vehicle. By Annexure A2, the learned Magistrate allowed the application, granting interim custody of the vehicle to the petitioner, subject to stringent conditions. The Regional Transport Officer, Angamalay, fixed the value of the vehicle at Rs.1,72,000/-and the first condition imposed as per Annexure A2 order is to deposit Rs.1,72,000/- by way of security. The learned Magistrate has stated that the vehicle was not covered by a valid policy of insurance at the time of accident and that Rule 391(A) of the Kerala Motor Vehicle (First Amendment) Rules, 2018 prohibits release of motor vehicles involved in accidents and which are not covered by a policy of insurance, unless and until the owner furnishes sufficient security to the satisfaction of the court for paying the compensation that may be awarded in a claim case arising out of the accident 2. I heard the learned Counsel for the petitioner and the learned Public Prosecutor. 3. The learned Counsel for the petitioner submits that the vehicle being a 2013 model Tata Indica Vista Car, the value of the vehicle will at best be only Rs.50,000/-only and that the value was fixed at Rs.1,72,000/-without any basis. It is submitted that due to the adverse circumstances prevailing at present, it is impossible for the petitioner to raise any amount for complying with condition No.1 in Annexure A2 order. 4. The learned Public Prosecutor points out that the petitioner had failed to stop his vehicle after the accident, which is a relevant factor to be taken into consideration. 5. Even though this Court cannot find fault with the condition imposed in Annexure A2, which is in accordance with Rule 391(A) of the Kerala Motor Vehicle (First Amendment) Rules, 2018, as rightly contended by the learned Counsel for the petitioner,the present pandemic situation, which has affected all walks of life, calls for relaxation of the condition, especially in view of the other stringent conditions imposed under the impugned order. 6. 6. In the result, the Crl.M.C is allowed, by modifying condition No.1 in Annexure A2 in the following manner: “Petitioner shall deposit an amount of Rs.50,000/-by way of security and furnish personal bond for an amount of Rs.1,22,000/-.” 7. The remaining conditions in Annexure A2 order shall be scrupulously complied with.