MANAPPURAM FINANCE LTD. Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is filed by the Petitioner/Defacto Petitioner Complainant under Ss. 397 and 401 of Cr.P.C. Cr.P.C. seeking to modify the order dtd. 4/12/2023, to the extent of conditions No. (i) (as modified vide order dtd. 7/12/2023 in Memo and also condition No.(iii) passed in Crl.M.P.No.454 of 2023 in Crime No.342 of 2023 ('impugned order') on the file of V Additional Metropolitan Magistrate, Vijayawada (for short, "the trial Court").

(2.) The Petitioner/Defacto Complainant has filed a petition vide Crl.M.P.No.454 of 2023 in Crime No.342 of 2023 before the V Additional Metropolitan Magistrate, Vijayawada (for short, "the trial Court") seeking interim custody of the 360 packets of gold items and 22 empty packets, 400 packets of gold items, 50 packets of gold items, and 46 packets of gold items which were seized from the possession of the Respondents 2 to 5 to the Petitioner/Defacto Complainant. The trial Court, through its order dtd. 4/12/2023, granted the Petitioner's request with certain conditions. Following this, the Petitioner submitted a Memo dtd. 7/12/2023 before the trial Court, seeking permission to provide a Bank Guarantee instead of a Fixed Deposit. The trial Court granted the Petitioner's request to furnish a bank guarantee in place of a Fixed Deposit.

(3.) It is apposite to refer the two conditions, which are as under: