The petitioner herein is aggrieved by the harsh condition imposed by the learned Judicial First Class Magistrate Court, Nadapuram as per order dated 21.2.2014 in C.M.P No.221/2014 for release of his vehicle under Section 457 of the Code of Criminal Procedure. The said vehicle was seized by the police in connection with a crime registered under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. During the proceedings, the value of the vehicle was got assessed as ₹4,50,000/-. As a condition for getting custody of the vehicle, the learned Magistrate directed the petitioner to deposit 30% of the value of the vehicle (₹1,35,000/-) and also to furnish either bank guarantee or security by way of immovable property for the balance amount.
2. It appears that the decision of this Court in Aboobacker V. State of Kerala [2014(3) KLT 26] was not brought to the notice of the learned Magistrate during proceedings. The learned Magistrate will have to exercise the Crl.M.C No.5785 of 2014 2 jurisdiction properly and judiciously while imposing conditions for releasing properties. In the present circumstances, I feel that the third condition imposed by the learned Magistrate can be set aside when the other conditions are sufficient to ensure production of property as and when required. So also the amount to be deposited can be limited to 25% of the value of the vehicle.
In the result, this Criminal Miscellaneous Case is allowed in part. Accordingly, the third condition imposed by the trial court directing the petitioner to furnish bank guarantee or security will stand set aside, and the second condition will stand modified to the effect that 25% of the value of the vehicle shall be deposited.
P.UBAID JUDGE ab