OMANAKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the condition imposed when the learned Magistrate directed release of his vehicle which was allegedly involved in illicit transportation of sand. The petition under Sec.451 of the Cr.P.C. was allowed, inter alia, on the condition that the petitioner must produce bank guarantee to the tune of Rs.3.25 lakhs.

(2.) The order shows that the learned Magistrate took note of the fact that the vehicle was thrice earlier involved in similar offences and was released to the petitioner on all such occasions. In these circumstances, the learned Magistrate had imposed the condition that the petitioner must furnish bank guarantee for Rs.3.25 lakhs.

(3.) The learned counsel for the petitioner submits that the petitioner is not able to comply with the said condition. As a result of that, though the impugned order was passed on 1/2/07, the petitioner has not been able to get release of his vehicle and consequently the vehicle is being exposed to sun and rain in the custody of the police. To prevent further damage and loss, the condition may be modified and the petitioner may be allowed to take advantage of the order of release.