THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.12499 of 2010 ORDER: The grievance of the petitioner is that an amount of Rs.4,00,000/- was extracted from him by the accused in Crime No.7 of 2010 of Gorantla Police Station, by cheating, for which he gave a report to the Police and the same was registered as a case in Crime No.7 of 2010 for the offences punishable under Sections 420 and 384 read with 34 IPC. During the course of investigation, the accused were arrested and an amount of Rs.3,50,000/- was recovered from them. In the light of the said recovery, the petitioner filed an application in Crl.M.P.No.392 of 2010 under Section 451 Cr.P.C., for release of the said amount and the Court below was pleased to pass the following docket order: - “Notice given to the learned APP and the counsel for the accused. The accused counsel not claimed the property containing the signature of the accused and therefore, the property is ordered to be released to be petitioner on his furnishing bank guarantee for Rs.3,50,000/- and the petitioner is ordered not to alienate the property and change the nature of the property until the disposal of the case and the petition is allowed accordingly.” The said order, dated 03.03.2010 is questioned in the present Criminal Petition. Learned counsel for the petitioner states that admittedly, the said amount which was recovered from out of the possession of the accused belongs to the petitioner and the petitioner is entitled to the same. But, however, the Court below imposed an onerous condition that the petitioner shall furnish bank guarantee for a sum of Rs.3,50,000/- and it causes any amount of hardship to the petitioner. Having considered the said submission of the learned counsel for the petitioner and also from a perusal of the record, this Court is of the view that the amount of Rs.3,50,000/- can be ordered to be released in favour of the petitioner, however, on condition of the petitioner furnishing immovable property security equivalent to the said value. The title deeds of the immovable property shall be deposited in the Court below during the pendency of the investigation, enquiry and trial of the said case. Subject to the above directions, the Criminal Petition is disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd December 2010 DR