2025:KER:29589 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.MC NO. 2052 OF 2025 CRIME NO.93/2025 OF Chingavanam Police Station, Kottayam IN CMP NO.283 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY PETITIONER: AFZAL T.H AGED 34 YEARS S/O T.A. HUSSAIN, DIRECTOR, ALLIANCE EXPRESS LOGISTICS PRIVATE LIMITED, RESIDING AT T.A. HUSSAIN HOUSE, PANANGAD, THURUTHIPALLY P. O, KANAYANNUR, ERNAKULAM, PIN - 682307 BY ADVS. ADHIL P. SHABEER ALI MOHAMED RESPONDENTS/STATE AND INVESTIGATING OFFICER: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER CHINGAVANAM POLICE STATION, KOTTAYAM, PIN - 686531 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29589 Crl.M.C.No.2052 of 2025 2 ORDER Dated this the 3rd day of April, 2025 Petitioner’s Goods Carrier Van bearing Registration No.KL 41 V 3924 was seized by the Chingavanam Police in connection with Crime No.93 of 2025 registered against the driver for the offence under Section 281 of the BNS. The specific allegation is that the vehicle was driven in a rash and negligent manner resulting in the vehicle hitting a ‘solar blinker’ and a ‘no overtaking’ sign board. The petitioner’s application for interim custody of the vehicle was allowed by the jurisdictional Magistrate, subject to conditions. This Crl.M.C is filed aggrieved by Condition 2025:KER:29589 Crl.M.C.No.2052 of 2025 3 No.2 in Annexure A3, requiring the petitioner to deposit cash security of Rs.74,800/-. 2. Learned Counsel for the petitioner submits that her client is not an accused in the crime and the maximum fine prescribed for the offence under Section 281 BNS is Rs.1000/-. It is also submitted that the value of the articles alleged to have been destroyed is negligible and hence compulsion to deposit Rs,74,800/- is unjust. 3. Learned Public Prosecutor submits that since public property is destroyed, the direction to deposit cash as security, cannot be faulted. 4. A perusal of Annexure A1 FIR shows that, rash and negligent driving of his vehicle by the petitioner had resulted in ‘a solar blinker’ and ‘no overtaking’ sign board being damaged. Even if so, 2025:KER:29589 Crl.M.C.No.2052 of 2025 4 since value of the damaged articles will not come to Rs.74,800/-, condition No.2 in the bail order is unjustified. The Crl.M.C is hence disposed of by modifying condition No.2 in Annexure A3 as under: “The petitioner shall also deposit cash security of Rs.10,000/- before the court below.” Sd/- V.G.ARUN JUDGE SSK/03/04 2025:KER:29589 Crl.M.C.No.2052 of 2025 5 APPENDIX OF CRL.MC 2052/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 93 OF 2025 REGISTERED BY THE CHINGAVANAM POLICE STATION DATED 17.01.2025 Annexure A2 THE CERTIFIED COPY OF THE PETITION IN C.M.P. NO 283/2025 IN CRIME NO. 93/2025 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, CHAGANASSERY DATED 13.01.2025 Annexure A3 THE CERTIFIED COPY OF THE ORDER IN C.M.P. NO 283/2025 IN CRIME NO. 93/2025 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, CHAGANASSERY DATED 30.01.2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE