Mekala Chedambaram v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CRIMINAL REVISION CASE No.1495 of 2015 Between:

Mekala Chedambaram.

..Petitioner And

1. The State of Telangana through S.H.O., Mulugu Prohibition & Excise Station, Warangal District, rep., by Public Prosecutor, High Court, Hyderabad and another ..Respondents.

DATE OF JUDGMENT PRONOUNCED: 30.7.2015 SUBMITTED FOR APPROVAL:

THE HONOURABLE SRI JUSTICE RAJA ELANGO

1. Whether Reporters of Local newspapers may be :: Yes/No Allowed to see the judgments?

2. Whether the copies of judgment may be marked :: Yes/No To Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see :: Yes/No the fair copy of Judgment?

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1495 OF 2015

ORDER:

1. The petitioner-owner of the vehicle filed this Criminal Revision Case under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 27.06.2015 passed in Crime No.1096/2015/PE/B4 by the 2nd respondent-Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal District.

2. Heard and perused the material available on record.

3. It is stated that on the request made by the petitioner for release of the vehicle, the 2nd respondent ordered for release of the vehicle on condition of the petitioner furnishing FDR/Bank Guarantee for Rs.3,00,000/-.

4. Learned Counsel for the petitioner submitted that the petitioner is not in a position to furnish bank guarantee. He further submitted that if the vehicle is kept idle for a long period there is every possibility of getting it damaged.

5. Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

6. Considering the above facts and circumstances of the case, it is directed that the vehicle in question i.e. Bolero vehicle bearing Reg.No.AP-20 TC 3331 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on his executing a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with one surety for the like sum. The petitioner is also directed to file an affidavit undertaking that he shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case, and further he shall

produce the vehicle as and when required by the authorities/Court concerned.

7. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 30.07.2015 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1495 OF 2015 DATED: 30.7.2015 Nn