Smt. G. Shailaja v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1897 OF 2015 ORDER:

The petitioner filed the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 31.8.2015 passed in Crl.S.R.No.4560 of 2015 in Crl.M.P.No.4035 of 2015 in Crime No.328 of 2014 by the IX Additional Chief Metropolitan Magistrate, Hyderabad.

Heard and perused the material available on record. Originally, the petitioner filed Crl.M.P.4035 of 2014 before the Court below for interim custody of the property listed in the petition i.e., gold ornaments, silver ornaments, Santro Car and Acer Laptop. The Court below ordered for return of gold ornaments and silver ornaments subject to the condition of the petitioner executing a bond for a sum of Rs.15,00,000/- with one surety for a like sum. The petitioner filed the memo in the above SR stating that she is filing Bond for return of property with one surety and required documents before the Court. On 31.8.2015, the Court below passed the following order: "Complainant filed surety i.e., Siddardh Benerjee salary certificate in Crime No.328 of 2014 of P.S. Narayanaguda in C.C.No.165 of 2015.

The Court ordered for release of property on production of surety for Rs.15,00,000/- in Crime No.328 of 2014 on 28.1.2015. The complainant has produced the salary certificate of Siddardh Benerjee, whose gross salary is Rs.2,11,075/-, net amount is Rs.1,55,592/- of ANZ Support services Private Limited Bangalore, Xerox copy of salary certificate, income tax return verification form, certificate issued by ANZ, passport.

Returned as salary certificate from private organization is not sufficient. Salary Certificate of Government Servant or valuation certificate of immovable property is required." Aggrieved by the above order, the petitioner filed this revision.

Learned Counsel for the petitioner submitted that the condition imposed by the Court below is exorbitant and therefore, the same may be modified.

Considering the facts and circumstances of the case, the petitioner is directed to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety for the like sum instead of Rs.15,00,000/- with one surety. Rest of the conditions imposed by the Court below remained undisturbed.

Accordingly, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 7.09.2015 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1897 OF 2015 DATED: 7.9.2015 Nn