O R D E R

Dated this the 24^th day of February, 2026 The petitioner is the registered owner of a Lorry bearing Registration No.KL-18-D-0038. Alleging that the vehicle was used for committing the offences punishable under Sections 271 and 279 of the Bharatiya Nyaya Sanhita, 2023 and 120(e) of the Kerala Police Act , the Investigating Officer in Crime No.2071/2025 of the Aluva East Police Station, seized the said vehicle.

2. Although the petitioner filed an application before the Court of the Judicial First Class Magistrate-I, Aluva (the learned Magistrate), seeking the interim custody of the vehicle, by Annexure-II order, the learned Magistrate has allowed the application but subject to conditions. As per condition No.2 in the order, the petitioner has been directed to furnish a bank guarantee for Rs.3,00,000/-. The said condition 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. The learned counsel for the petitioner submits that the petitioner’s vehicle is in judicial custody since 13.09.2025, which is more than five months now. Due to the onerous condition in Annexure-II order, that the pet