IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2568 of 2008() ------------------------- CRMP.3104/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR. CRIME NO.143/08 OF THE ANCHAL POLICE STATION, KOLLAM. .................... PETITIONER: ------------ WILSON MATHEW,S/O. V.I.MATHEW VAROOR VEEDU, PERINGALLOOR MURI EDAMULAKKAL VILLAGE, PATHANAPURAM TALUK KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE,ANCHAL POLICE STATON KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2568 of 2008 ------------------------------------------------- Dated this the 15th day of July, 2008 ORDER The petitioner is the owner of a vehicle which has been seized by the police on 23/2/08 on the apprehension that it is involved in the commission of some offence. The seizure was effected under Sec.102 Cr.P.C. A crime was registered also. Till today, the investigation has not revealed the commission of any specific offence in respect of the vehicle. The vehicle remains in the custody of the learned Magistrate before whom the police had produced the vehicle. The petitioner applied for release of the vehicle. The said application was allowed and the vehicle was directed to be released to the petitioner. The petitioner is aggrieved by one condition imposed on him by the said order i.e., Condition No.6 which obliges him to produce bank guarantee for Rs.7.5 lakhs. Crl.M.C. No. 2568 of 2008 -: 2 :- 2. The learned counsel for the petitioner submits that the condition imposed is too onerous and unjustified. Even though a period of about 5 months has elapsed from the date of the seizure, so far the police have not been able to come out with any specific allegation of crime committed in respect of the vehicle. There is no dispute that the petitioner is the person entitled to possession of the vehicle. In these circumstances, I am certainly persuaded to agree that the onerous condition of providing bank guarantee for Rs.7.5 lakhs does deserve to be set aside. 3. This Crl.M.C. is accordingly allowed. The said condition No.6 is hereby set aside. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge