Kilakkatha Parambath Sasi & Ors vs State Of Kerala on 4 January, 2011
However, in Sasi v. State
of Kerala (cited supra), this Court observed that the conditions
imposed by Magistrates will have to be reasonable, rational, and
cannot be onerous. Here, two vehicles are involved. As per the
Crl.M.C.. No. 82/2015 2
impugned order dated 04.12.2014, the learned Magistrate
directed the petitioner to deposit 30% of the value of the vehicle.
The short point for consideration is whether this condition is
irrational, unreasonable or onerous. Of cource, the allegations
are serious. The number of vehicles involved is two. This is not
a case where just one vehicle was used once by the petitioner for
such purposes. It appears that the vehicles were used for such
purposes on earlier occasions also. In such a situation, the
condition imposed by the court below cannot be said to be fully
irrational or unreasonable or onerous. However, in the interest of
justice, I feel that some slight modification can be made in the
conditions. Accordingly, the amount can be reduced to 25% of
the value of the vehicle. To that extent, the impugned order can
be modified, and the petitioner can be given some relief.