ORDER

Dated this the 20^th day of November, 2025 The petitioner is the registered owner of a lorry bearing Registration No.KL 41D 3494, which has been seized by the Aluva East Police Station in Crime No.1451/2025 alleging that the vehicle was used to commit offences punishable under Section 17(4) of the Kerala Protection of River Banks Act and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 . The petitioner filed C.M.P.No.2799/2025 before the Court of the Judicial First Class Magistrate-I, Aluva, seeking interim custody of the vehicle. By Annexure-4 order, the learned Magistrate has allowed the application, but subject to the condition that the petitioner should deposit a cash security of Rs.37,350/- and provide bank guarantee or property security for Rs.1,24,500/-. The said condition in Annexure-4 order is onerous and unjustifiable. Hence, the Crl.M.C.

2. Heard; the learned Counsel for the petitioner and the learned Public Prosecutor.

3. The learned Public Prosecutor submits that the above condition has been imposed by the learned Magistrate based on the Full Bench decision of this Court in Shan v. State of Kerala (2010 (3) KLT