HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No. 1546 of 2009 Date: 04-12-2009 Between: Kalyan Kumar Imandi Petitioner And State of Andhra Pradesh Rep. by Public Prosecutor Respondent HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No. 1546 of 2009 ORDER: This Revision case has been filed challenging the order, dated 29- 07-2009 in Crl.M.P.No.1040 of 2009 on the file of the Special Judge to Try Cases under A.P. Protection of Depositors of Financial Establishment Act, 1999-cum-Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam. The learned counsel for the petitioner submitted that the petitioner is a registered owner of the vehicle bearing No.T/R AP 31BG TR – 1678 and that the police seized the said vehicle invoking Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999. It is further submitted that when the petitioner sought for interim custody of the vehicle, the learned Sessions Judge, through the impugned order, ordered to give interim custody of the vehicle to the petitioner on his furnishing a bank guarantee for Rs.2,00,000/- and on certain other conditions. It is submitted that the petitioner is unable to furnish bank guarantee of Rs.2,00,000/- and the same is not practicable. It is also submitted that the petitioner can furnish the surety of any government employee or any property solvency certificate. There is no need to refer to the charge sheet allegations since the lower Court has already passed orders directing to give the vehicle as interim custody to the petitioner. The only point that arises for consideration is whether the condition to furnish bank guarantee to the extent of Rs.2,00,000/- is just and reasonable. The learned counsel for the petitioner submitted that for furnishing bank guarantee, an amount of Rs.2,00,000/- has to be deposited in the bank and it is causing hardship and the petitioner is unable to comply with the said condition. In the circumstances, the result portion of the impugned order is modified to the extent that ‘the ALTO Car bearing Registration NO.T/R AP 31 BG TR 1678 in Cr.Nos.353, 358 & 364/07 of Gajuwaka Police Station, is ordered to be given for interim custody to the petitioner on his depositing title deed of any immovable property worth Rs.2,00,000/- or on furnishing surety of any government employee, who has to execute a surety bond for Rs.2,00,000/-. The petitioner has to comply with the other conditions as directed by the lower Court in the impugned order. The Criminal Revision Case is, accordingly, disposed of. _________________ B. CHANDRA KUMAR, J Date: 04-12-2009 Note: Issue C.C. in one week. YCR