The petitioner herein is aggrieved by some conditions imposed by the learned Judicial First Class Magistrate, Malappuram, for the release of his motor cycle under Section 451 Cr.P.C. Crime No. 312/2014 was registered against him on the allegation that the petitioner used the said motor cycle for transportation of river sand illegally. As a condition for release of vehicle, the learned Magistrate directed the petitioner to execute a bond for Rs. 30,000/- with two solvent sureties, to deposit Rs.9,000/- in court, and also to produce bank guarantee for Rs.21,000/-. The petitioner is really aggrieved by the third condition directing production of bank guarantee, and he also seeks some modification of amount to be deposited. 2. On hearing learned counsel and learned Public Prosecutor, I find that some interference is necessary in the condition imposed by the court. It is not known, how a motor cycle was used for transportation of river sand. Any way, the Crl.M.C.. No. 6499/2014 2 condition imposed by the court under Section 451 Cr.P.C. cannot be irrational. it appears that the recent decision of this Court on the subject was not brought to the notice of the learned Magistrate.
In the result, this Crl.M.C. is allowed. The third condition imposed by the court below as per the order dated 19.08.2014 in CMP No. 7104/2014 directing the petitioner to furnish bank guarantee will stand set aside. So also, the second condition will stand modified to the effect that the petitioner shall make deposit of 15% of the value of the vehicle in court.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE Crl.M.C.. No. 6499/2014 3