High Court Kerala High Court

Rajesh vs The State Of Kerala on 21 December, 2010

Kerala High Court
Rajesh vs The State Of Kerala on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4315 of 2010()


1. RAJESH, S/O.RAJENDRAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.C.R.SIVAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :21/12/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
            ---------------------------------------------
             CRL.M.C.NO.4315 OF 2010
            ---------------------------------------------
             Dated 21st December, 2010


                           O R D E R

By Annexure-2 order, Sessions Judge,

Thrissur granted interim custody of Tata

Indica Vista car No.KL-21-B-6163, 2010 model

to the petitioner on conditions. One of the

conditions was that petitioner shall produce

bank guarantee for Rs.3,50,000/- from a

Nationalized Bank. Petition is filed under

Section 482 of Code of Criminal Procedure to

quash that condition.

2. As the learned Public Prosecutor

submitted that petitioner has not cooperated

with the investigation, petitioner was

directed to appear before the investigating

officer, as per order dated 30/11/2010.

Learned Public Prosecutor submitted that in

compliance with the order, petitioner has

Crmc 4315/10 2

already been appeared before the investigating

officer.

3. Argument of the learned counsel

appearing for the petitioner is that because

of the financial conditions of the petitioner,

he availed finance, evidenced by Annexure-3

and in such circumstances, the condition

directing the petitioner to produce bank

guarantee may be lifted.

4. Considering the entire facts and

circumstances of the case, learned Sessions

Judge may accept sufficient immovable

properties, in lieu of the bank guarantee to

release the vehicle, without insisting for bank

guarantee.

Petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.