N.Padmavathi, v. The State of Andhra Pradesh
Case brief
What is this about?
This order disposes of a criminal revision challenging a docket order imposing conditions for interim custody of a lorry. The High Court modified the requirement for a bank guarantee to a personal bond with a surety while maintaining other conditions.
What did the court decide?
The condition for a bank guarantee was modified to execution of a personal bond with one surety.
What the court decided
THE HON'BLE SRI JUSTICE RAJA ELANGO
Crl.R.C.No.2095 of 2012
ORDER
The present revision is preferred challenging the docket order dated 17.10.2012 passed in Crl.M.P.No.3421 of 2012 in Cr.No.45 of 2012 by the learned Additional Judicial First Class Magistrate, Chodavaram, Visakhapatnam District.
2. The petitioner filed the aforesaid petition for interim custody of the lorry bearing No.AP 35 U 2556. While allowing the said petition, the trial Court imposed the following conditions;
- (i) The petitioner is directed to execute her personal bond for Rs.2,50,000/-with Bank guarantee from any nationalized bank for the like sum;
- (ii) the petitioner is directed not to alienate the vehicle in any mode and not to change its colour and shape till pending disposal of the case;
- (iii) The petitioner is further directed to produce the said crime vehicle during trial, failing which the Bank guarantee amount will be confiscated to the State;
- (iv) The petitioner is directed to produce original records for verification and return.
Issues for consideration
2 issues framed by the court
Whether the requirement of providing a bank guarantee as a condition for interim custody of a vehicle be modified to require a personal bond with a surety.
Whether the other conditions imposed by the trial court regarding the custody of the vehicle require modification.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent
Coram
RAJA ELANGO
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · October
- Registered
- Case no.
- CRLRC/2095/2012
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