The petitioner herein is the registered owner of the vehicle number KL-45/J-7987 involved in an abkari crime registered under Sections 56(b) and 67B of the Kerala Abkari Act. His application for interim custody of the vehicle under Section 457 Cr.P.C was allowed by the learned Judicial First Class Magistrate, Chittur on certain conditions. The petitioner is aggrieved by the second condition that he shall furnish security by way of fixed deposit or demand draft or bank guarantee for the value of the vehicle assessed by the Mechanical Engineer. The said condition is sought to be set aside under Section 482 Cr.P.C. It is submitted from both sides that the offence is compoundable under the law, and that the allegation is only violation of certain license conditions. In the above circumstance, I find that the second condition imposed by the court below is irrational, and is liable to be set aside. When other conditions are already there to ensure production of vehicle in court as and when required, there need not be a further condition to produce bank guarantee or other security. I find the necessity of Crl. M.C No. 6294 of 2014 2 interference under Section 482 Cr.P.C. Of course, courts will have discretion in imposing conditions, but such discretion will have to be exercised reasonably and rationally. In the result, this petition is allowed. The second condition imposed by the court below as per the order dated 18.9.2014 in C.M.P 7110/2014 will stand set aside under Section 482 Cr.P.C.
P.UBAID, JUDGE sab