ORDER

The petitioner is the registered owner of a vehicle bearing Registration No.KA-01-NB-9640, which has been seized by the Chittarikkal Police Station, Kasaragod, alleging that the accused persons in Crime No.537/2025 had used the vehicle for commission of the offence punishable under Section 55 (a) of the Kerala Abkari Act .

2. Claiming interim custody of the vehicle, the petitioner had filed an application before the Court of the Judicial First Class Magistrate -II, Hosdurg, (Trial Court). By Annexure A3 order, the Trial Court allowed the application but subject to conditions. As per condition No.1, the petitioner has been directed to deposit Rs.7,50,000/- as security in Court or furnish a bank guarantee for the said amount. Condition No.1 in Annexure A3 order is onerous and unjustifiable. Hence, the Crl.MC.

2. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor. 3. The learned Public Prosecutor opposes the Crl.M.C. She submits that in view of Rule 4(2)(a) of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 and the interpretation of the said provisions by the Division Benches of this Court in Karthikeyan v. Deputy Com