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.
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CRL.M.C.NO.4315 OF 2010
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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.