The court modified onerous bail conditions while ensuring the integrity of the judicial process concerning asset custody.

O R D E R Dated this the 30^th day of October, 2025 The petitioner is the accused in Crime No.497/2025 registered by the Kannapuram Police Station, Kannur, alleging the commission of the offences punishable under Sections 281 and 106 of the Bharatiya Nyaya Sanhita , 2023.

2. By Annexure A2 order, the petitioner was granted an order of pre-arrest bail. Subsequently, the petitioner filed CMP.No.2275/2025 to grant him interim custody of the vehicle. By Annexure A4 order, the said application was allowed, but subject to the condition that the petitioner furnishes bank guarantee for Rs.5,60,000/- with two solvent sureties each for the like sum, in addition to other conditions. Aggrieved by condition No.1 that the petitioner should furnish bank guarantee, he filed CMP No. 2834 (A) /2025. By Annexure A6 order, the learned Magistrate disposed of the application by permitting the petitioner to either furnish bank guarantee or cash security of Rs.5,60,000/- to release the vehicle on interim custody. The conditions in Annexure A4 and A6 orders, directing the petitioner to make cash security or furnish bank guarantee for Rs.5,60,000/- for giving the vehicle on interim custody is onerous and unjustifiable. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. It is not in dispute that the vehicle belongs to the petitioner. It may be true that he is alleged to have committed the offence under Section 105 of the BNS . In Annexure A4 order, the learned Magistrate has imposed conditions Nos.2 to 8 to ensure the identity of the vehicle and to produce the vehicle, if required, before the Trial Court. However, since the petitioner is alleged to have involved in an offence under Section 105 of the , the learned Magistrate directed the petitioner to produce the bank guarantee or furnish cash security for Rs.5,60,000/-, that too with two solvent sureties. This, according to me, is onerous and unreasonable.

In the aforesaid circumstances, I allow the Crl.M.C by modifying the condition in Annexures A4 and A6 orders, directing the petitioner to furnish bank guarantee or cash security of Rs.5,60,000/-, by permitting the petitioner to execute a bond for Rs.5,60,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. On complying the said condition, the interim custody of the vehicle shall be given to the petitioner, subject to condition that he also complies with condition Nos. 2 to 7 in Annexure A4 order.