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Judgment
K.A. Thanikkachalam, A.C.J.
This writ appeal is directed against the order passed in W.P. No. 4333 of 1997. The appellant herein was arrested and remanded to judicial
custody on 23-2-1997 by the XVII Metropolitan Magistrate at Saidapet. His Maruti Omni Van bearing Registration No. TN-01-A 3738 was
also seized by the police on the allegation that the vehicle was used for smuggling sandalwood. The learned counsel appearing for the appellant
submitted that the car is in good condition and it was thrown open to climatic vagaries. Therefore, a request was made to release the car on
furnishing security.
We have also heard the learned counsel appearing for the respondent herein. After hearing the counsel, we direct the release of the Maruti Omni
Van bearing Registration No. TN-01-A 3738, which was seized by the respondent, on condition that the appellant herein should give Bank
Guarantee for a sum of Rs. 1,50,000/- (rupees one lakh fifty thousand only) to the credit of the respondent. As and when such Bank Guarantee
was furnished, the appellant herein is entitled to the release of the abovesaid vehicle, subject to the condition that the vehicle should he produced as
and when it is required and the appellant shall not alienate the same till the disposal of the complaint pending against him in the XVII Metropolitan
Magistrate''s Court, Saidapet. Direction is also given not to change the physical feature of the abovesaid vehicle until the disposal of the case
pending before the XVII Metropolitan Magistrate, Saidapet. Subject to the above conditions, the Criminal Court is directed to release the above
said vehicle as and when the Bank Guarantee is furnished and the above said undertakings are given by the appellant herein.
Accordingly, the writ appeal is allowed. No costs. C.M.P. No. 6297 of 1997 is dismissed.
Appeal allowed.