The petitioner herein is aggrieved by some conditions imposed by the learned Judicial First Class Magistrate Court II, Thamarassery, for releasing his vehicle under Section 457 of the Code of Criminal Procedure. One objectionable condition is that the petitioner shall provide either bank guarantee or property security for 70% of the value of the vehicle assessed during the proceeding, and the other objectionable condition is that the petitioner shall deposit 30% of the value of the vehicle. It appears that the latest position settled by this Court regarding discretion of Magistrates in such proceeding was not brought to the notice of the learned Magistrate. As done in other proceedings, I am inclined to quash the objectionable condition under Section 482 of the Code of Criminal Procedure. In this case the direction to provide bank guarantee or property security can be set aside on a further condition that the petitioner shall execute bond with one surety for ₹50,000/-. The other condition Crl.M.C No.5961 of 2014 2 directing deposit can be modified. Accordingly the amount to be deposited can be limited to 20% of the value of the vehicle.
In the result, this Criminal Miscellaneous Case is allowed in part. The condition No.3 imposed by the court below that the petitioner shall deposit 30% of the value of the vehicle will stand modified to the effect that the amount to be deposited shall be 20% of the value of the vehicle. The 4th condition that the petitioner shall provide either a bank guarantee or property security will stand set aside, on a further condition that the petitioner shall execute bond with one surety for ₹50,000/-.
P.UBAID JUDGE ab