BIJU YOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner of a vehicle which is allegedly involved in the offence of illicit transportation of sand. The vehicle was seized. The learned Magistrate, by the impugned order, directed interim release of the vehicle to the petitioner subject to conditions. The petitioner is aggrieved by only one condition. That is the direction to produce bank guarantee for an amount of Rs.3,50,000/- The learned counsel for the petitioner submits that the imposition of the said condition is working out great prejudice, hardship and loss to the petitioner. The petitioner has not been able to avail of the benefit of the order of release. The vehicle is exposed to sun and rain. Appropriate modification of the condition may be directed. Subject to any reasonable conditions within the reach of the petitioner, the vehicle may be directed to be released to the petitioner, it is prayed.

(2.) Notice was given to the learned Public Prosecutor. The learned Public Prosecutor points out that the learned Magistrate has referred to the circumstances - that the vehicle was earlier involved in an identical offence. In these circumstances, appropriate safeguards may be made, submits the learned Public Prosecutor.

(3.) I am satisfied that in the facts and circumstances of this case, there can be a direction to modify condition No.1 imposed on the petitioner that he must produce a bank guarantee to the tune of Rs.3,50,000/-.