the Kerala High Court has partially allowed a petition seeking interim custody of a seized motor vehicle involved in a road accident, relaxing the stringent cash security condition imposed by the Magistrate while upholding the statutory safeguards under Rule 391A of the Kerala Motor Vehicles Rules, 1989.
Background
The petitioner, Thadevoos, faced charges under Sections 281 & 125(b) BNS and Section 146 r/w 196 MV Act for allegedly driving his car (KL-45-W-0688) rashly and negligently, colliding with a motorcycle and causing grievous injuries to the rider. The vehicle was seized as it lacked a valid third-party insurance policy. The Judicial First Class Magistrate, Chalakkudy, granted interim custody but directed deposit of ₹3,77,000/- (vehicle’s assessed value) as cash security.
High Court’s Ruling
Justice C.S. Dias, on 22 June 2026, observed:
- Rule 391A mandates adequate security to protect potential compensation claims when a vehicle is uninsured.
- Cash deposit equivalent to vehicle value is not arbitrary but supported by statute and precedent (State of Kerala v. Sanith Jan).
- However, to prevent deterioration and undue hardship, the condition can be relaxed by permitting alternative security.
Directions Issued:
- Petitioner may deposit ₹3,77,000/- cash or furnish encumbrance-free immovable property (minimum value ₹10,00,000/-) belonging to him or blood relatives.
- Property owner to execute bond undertaking non-alienation for 2 years or until Claims Tribunal order.
- Must obtain valid third-party insurance.
- Non-compliance within one month → Magistrate to proceed with auction under Rule 391A(2).
Key Takeaways
- Victim Protection Paramount: Uninsured vehicles cannot be released without sufficient security to satisfy potential MACT awards.
- Flexible Security Options: Cash or immovable property of adequate value acceptable.
- Preventive Measures: Fresh third-party insurance mandatory before release.
- Timely Release: Courts should avoid prolonged detention of vehicles to prevent value depreciation.
Case Details
Case Name: Thadevoos v. State of Kerala
Citation: Crl.M.C. No. 5070 of 2026
Court: Kerala High Court
Coram: Hon’ble Mr. Justice C.S. Dias
Date of Order: 22 June 2026
Click HERE for full Judgment.
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