Chilaka Bhaskar Rao v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2982 OF 2015 ORDER:

The petitioner/complainant has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the docket order, dated 28.09.2015 passed in Crl.M.P.No.5577 of 2014 passed by the Court of the I Additional Judicial Magistrate of First Class, Tadepalligudem, whereby the learned Judge granted interim custody of Rs.1,90,000/- to the petitioner/complainant on condition of his producing Bank Guarantee of the equivalent amount and also on executing self bond of Rs.1,90,000/- with single surety and also shall undertake to produce the said cash of Rs.1,90,000/- as and when directed by the Court.

Heard and perused the material available on record. Learned counsel for the petitioner/complainant submits that the amount recovered from the accused belongs to the petitioner herein and as such, submitting a Bank Guarantee for the said amount of Rs.1,90,000/- is not required, and the Court below erroneously directed to produce Bank Guarantee for a sum of Rs.1,90,000/-.

Considering the facts and circumstances, the Court below is directed to grant interim custody of Rs.1,90,000/- to the petitioner herein only on condition of the petitioner executing a personal bond for a sum of Rs.1,90,000/- with one surety, instead of producing a bank guarantee. With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 08.12.2015 pln