Kerala High Court issues directions for release of vehicles seized for violating COVID-19 Lockdown on execution of Personal Bond by owner

The Kerala High Court on Friday issued directions to facilitate the release of vehicles seized by the State police for having violating the COVID-19 lockdown, on the execution of a personal bond, among other conditions. .The Bench of Justices Raja Vijayaraghavan V and TR Ravi issued the directions after being appraised by Government Pleader P Narayanan that a number of such seized vehicles were lying idle in various police stations. .Narayanan, therefore, sought clarity on how the owners may approach the courts for the release of the same amid the COVID-19 lockdown, since the ordinary functioning of courts and tribunals in the state have been stalled during this period. .Responding to the request, and recording that there were thousands of such vehicles lying in police stations, exposed to the vagaries of nature, the Bench has invoked its extraordinary jurisdiction under Article 226 of the Constitution and Section 482 of the Code of Criminal Procedure to map out a procedure for their release during the lockdown. .The order passed in this regard lays down the following:-.Vehicles seized under the Epidemic Diseases Ordinance, 2020, the Indian Penal Code and the Kerala Police Act for violating the COVID-19 lockdown may be released on the owner executing a personal bond and depositing a copy of the RC book, insurance papers and drivers licence;The vehicle owner shall file an undertaking that the vehicle would be produced at a later time as and when directed by the concerned authorities;The owner is to remit an amount, tentatively fixed as the following (i) Two/Three Wheelers: Rs 1,000 (ii) Motor cars, jeeps, Light Motor Vehicles, private and transport vehicles: Rs 2,000; (iii) State and contract carriages, Medium Goods Vehicles - Rs 4,000; (iv) Heavy Goods Vehicles - Rs 5,000;The amount so collected shall be deposited in the State Treasury under a suitable heading, with clear particulars and in accordance with law;The concerned Station House Officers shall forward a copy of the report to the magistrate who shall deal with matter in accordance with law;These benefits are not available to persons who are repeat offenders..The Court passed the order was dealing with a suo motu case registered by it to monitor various issues arising owing to the COVID-19 lockdown. .Pursuant to its earlier directions, the State Ministry of Social Justice, and Women and Child Department today submitted its report on the steps take in the interest of children in welfare homes, protection homes, etc. The Court has also recorded its satisfaction with the report on going through it. .To continue monitoring the progress on this front, and in compliance with the Supreme Court's directions in this regard, the High Court today directed that the next report in the matter be filed in three weeks time.