2025:KER:25457 CRL.MC NO. 2856 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 2856 OF 2025 CRIME NO.506/2024 OF YEROOR POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT DATED 13.02.2025 IN CMP NO.5702 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR PETITIONER: JOSE, AGED 59 YEARS S/O YOHANNAN, RINCY BHAVAN, VELLACHAL, MANALIL P. O, AYIRANALLOOR VILLAGE, KOLLAM, PIN - 691312 BY ADVS. AKHIL K.MADHAV ANESH PAUL DAISY S. RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25457 CRL.MC NO. 2856 OF 2025 2 ORDER The petitioner’s JCB Earth Moving Equipment bearing Registration No. KL-25-C-8084 was seized by the police in Crime No.506 of 2024 registered for the offences punishable under Sections 279, 337 and 338 of IPC. The petitioner sought release of the vehicle by filing a petition under Section 451 of Cr.P.C, which the court below allowed, subject to conditions. One among the conditions is that the petitioner should deposit an amount of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) or produce fixed deposit receipt for equivalent amount as mandated in Rule 391A of the Kerala Motor Vehicles Rules, 1989. Although petitioner sought modification of the condition, the prayer was rejected, on the premise that it will amount to review of the earlier order. Thereupon, petitioner approached this Court by filing Crl.M.C.No.9332 of 2024 and Annexure A2 order was passed holding that the prohibition under Section 362 of Cr.P.C will not apply to an order under Section 451 of Cr.P.C. and directing the court below to reconsider the petition for 2025:KER:25457 CRL.MC NO. 2856 OF 2025 3 modification. Accordingly, the modification petition was considered and dismissed by Annexure A4 order. Aggrieved, this Crl.M.C is filed. 2. Learned counsel for the petitioner submits that the direction to deposit the value of the JCB is issued for the reason that the vehicle did not have valid insurance at the time of accident. According to the learned counsel, going by the nature of injuries suffered by the de facto complainant, the maximum compensation payable will not be more than Rs.2,00,000/- (Rupees Two Lakhs only). It is pointed out that in Annexure A3 claim petition, the compensation sought is only Rs.5,80,000/-. It is also submitted that the accident occurred when the auto rickshaw hit against the JCB parked on the road side. It is contended that these relevant factors were not taken into consideration while directing cash deposit. 3. Learned Public Prosecutor submits that the court below was justified in directing to deposit the value of the vehicle as a condition for its release, since the vehicle did not have insurance at the time of accident. It is pointed out that in 2025:KER:25457 CRL.MC NO. 2856 OF 2025 4 Annexure A3 claim petition, the compensation claim is for Rs.5,80,000/- with interest @ 12% from the date of petition. 4. It is not for this Court to decide as to the quantum of compensation which the de facto complainant will be entitled for. At the same time, the fact that the de facto complainant has limited his claim to Rs.5,80,000/- can be taken into consideration. The Crl.M.C is accordingly disposed of, by modifying Condition No.1 in the order dated 25.07.2024 in CMP No.5022 of 2024 as under; The petitioner shall furnish bank guarantee for an amount of Rs.5,80,000/-. For the balance amount of Rs.2,70,000/-, he shall furnish his immovable property as security. Sd/- V.G.ARUN JUDGE SPV 2025:KER:25457 CRL.MC NO. 2856 OF 2025 5 APPENDIX OF CRL.MC 2856/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR NO.506/2024 DATED 30.06.2024 OF YERROOR POLICE STATION, KOLLAM DISTRICT ANNEXURE A2 THE TRUE COPY OF ORDER DATED 9.08.2024 IN CRL.M.C NO.9332 OF 2024, OF THE HONOURABLE HIGH COURT ANNEXURE A3 THE TRUE COPY OF THE CLAIM PETITION OP(MV) NO. 788/2024, FILED BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUNALUR ANNEXURE A4 THE TRUE COPY OF THE ORDER DATED 13.02.2025 IN CMP NO.5702/2024 IN CC 710/2024 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT -1, PUNALUR RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE