THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8765 of 2008 ORDER: The 1st petitioner is accused of offence punishable under Section 13(1)(e)/13(2) of the Prevention of Corruption Act 1988, for allegedly holding assets over and above his known sources of income. When he approached the lower Court with a petition under Sections 452 and 457 Cr.P.C. for raising attachment on two of the properties and for return of original documents relating to said properties by offering to deposit Rs.58,134/-, which is the value mentioned on face of the purchase documents during the respective years of purchase, the lower Court by the impugned order refused to raise the attachment and to return the documents. Questioning the same, the petitioners filed this petition. The 2nd petitioner is daughter of the 1st petitioner and in her name, the 1st petitioner either purchased or settled the properties in question. 2. Incase the 1st petitioner is going to be found guilty of the offence after trial, then the properties which he purchased with income which is over and above his known sources of income, are liable to be confiscated to the State. Now the petitioners seek release of the properties from attachment on the ground that the 2nd petitioner’s marriage is fixed and that the petitioners proposed to dispose of the properties for the purpose of the marriage. The lower Court observed that present market value of the properties is much more than those mentioned in the documents of purchase. Having regard to all the above circumstances of the case, I am of the opinion that the petitioners can be granted relief in case they come forward with a genuine offer to deposit open market value of the properties, which is not basic register value and which may be more over and above basic register value maintained by the Sub-Registrar. 3. In the result, the Criminal Petition is dismissed granting permission to the petitioners to renew their application with an offer to deposit open market value of the properties as on the date of their proposed application, in which event, the lower Court will make enquiry as to valuation and pass appropriate orders in the light of the observations made by this Court in this order. _______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:18.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8765 of 2008 Dt:18.11.2011 ysk