O R D E R

The petitioner is the registered owner of the vehicle bearing registration No.KL-57-N-0161. Alleging that the vehicle was used by its driver for committing the offences under Section 271 of the Bharatiya Nyaya Sanhita , Section 120 (e) of the Kerala Police Act and Section 219-J of the Kerala Panchayat Raj Act , the Investigating Officer in Crime No.1093 of 2025 of the Kalady Police Station, seized the vehicle. The application filed by the petitioner seeking interim custody before the Court of the Judicial Magistrate of First Class-IV, Perumbavoor ('Trial Court', in short) was conditionally allowed by Annexure A4 order. As per condition No.(ii) in Annexure A4 order, the petitioner has been directed to furnish a bank guarantee for Rs.2 lakhs. Although the petitioner sought for modification of condition No.(ii), the same has been dismissed by Annexure A6 order. Condition No.(ii) in Annexure A4 order, and Annexure A6 order, are onerous and unjustifiable. The learned Magistrate has failed to consider the law laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat [(2002) 10 SCC 283], wherein it is categorically held that properties that have be