The revision petitioner is aggrieved by some conditions imposed by the learned Judicial First Class Magistrate, Malappuram while granting interim custody of his vehicle as per order dated 6.5.2014 in C.M.P No.1001 of 2014. The revision petitioner's Tipper Lorry bearing Registration No.KL-10 AH 1375 was seized by the Police with full load of sand, and Crime No.100 of 2014 was registered by the sub Inspector of Police, Kondotty. Of course, his application was allowed by the learned Magistrate on certain conditions including a condition to deposit an amount of ₹ 1,45,000/- and another condition to furnish Bank Guarantee for ₹ 3,30,000/-. The learned counsel submitted that those conditions are harsh and unreasonable. 2. Of course in a case like this, the Court will have to impose appropriate conditions to ensure production of the vehicle during the trial process or confiscation Crl.R.P No.1057 of 2014
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proceedings. The total value value of the vehicle assessed by the authority is ₹ 4,75,000/-. In the particular facts and circumstances, I feel that deposit of 1/10th of the value of the vehicle will suffice, besides execution of bond for the value of the vehicle with two solvent sureties.
3. Deposit of ₹ 1,45,000/- or direction to furnish Bank Guarantee for ₹ 3,30,000/- need not be enforced in the particular circumstances. I feel the necessity of some additional directions also to ensure production of the vehicle by the revision petitioner.
In the result, this revision petition is allowed in part. The direction of the trial court to execute a bond for ₹ 4,75,000/- with two solvent sureties is maintained, with an additional direction that the revision petitioner shall keep the vehicle unassigned, in his safe custody, without in any manner transferring possession to anybody, and he will produce the vehicle as and when required for trial purposes or confiscation purposes. The condition No.2 will stand modified that the amount to be deposited shall be 1/10th of the value of the vehicle and the third condition will stand Crl.R.P No.1057 of 2014
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set aside. The condition Nos.4 to 7 will have to be complied with by the revision petitioner.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge