THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6714 of 2011 ORDER: Petitioner approached this Court with a prayer to relax condition Nos. 1 to 4 imposed in the order dated 23.06.2011 passed by the II Additional Chief Metropolitan Magistrate, Visakhapatnam, in Crl.M.P.No.1050 of 2011 in C.C.No.885 of 2010. Heard. The impugned order reveals that while ordering for return of cash of Rs.19,85,000/- for interim custody, the trial Court imposed the following conditions: “1.The entire cash shall be photographed and be signed by the petitioner by name Sri P.Narasimha Rao s/o Subbayya, Managing Partner Srinivasa Brick Industry, Sydabad, Hyderabad before taking delivery of the said cash for interim custody. 2. The petitioner by name Sri P.Narasimha Rao, Managing Partner, Srinivasa Brick Industry, shall produce bank guarantee for Rs.19,50,000/- and execute a personal bond for the said amount. 3. The Inspector of Police, II Town L & O, has to identify the petitioner at the time of taking return of cash of Rs.19,85,000/- for interim custody. 4. The petitioner is directed to produce the said amount as and when directed by this court.” Learned counsel for the petitioner submitted that the petitioner being the complainant is entitled for return of seized cash of Rs.19,85,000/-, for which there is no need for execution of any bank guarantee for Rs.19,50,000/- as ordered by the trial court. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this Court is of the view that the conditions 1 to 4 imposed by the trial court while ordering return of cash to the petitioner are onerous in nature. Hence, this criminal petition is disposed of relaxing the conditions 1 to 4 imposed in the order dated 23.06.2011 in Crl.M.P.No.1050 of 2011 in C.C.No.885 of 2010 on the file of the II- Additional Chief Metropolitan Magistrate, Visakhapatnam, and the trial Court is directed to return the property i.e., cash of Rs.19,85,000/- to the petitioner, for interim custody, subject to condition of the petitioner executing a personal bond for Rs.20,00,000/-, and while returning the amount, the same has to be verified with the seizure panchanama by the concerned officer of the court. Further, the petitioner is directed to appear before the trial court to give evidence at the time of trial. ____________________ JUSTICE RAJA ELANGO 05.08.2011 v v