IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 4315 of 2010() ------------------------ Crl.MP.2490/2010 of SESSIONS COURT, THRISSUR ................... PETITIONER / PETITIONER IN THE CRL.M.P. ----------------------------------------------------------------- RAJESH, S/O.RAJENDRAN, 6/377, PARAYIL VEEDU, MARANADU, PANGODE, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT / RESPONDENT ------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KUNNAMKULAM EXCISE RANGE, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn 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.