Kola Ramesh, v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.1557 of 2015 Between:

Kola Ramesh ..... PETITIONER/A1 AND The State of Telangana, rep.by its Public Prosecutor, High Court, Hyderabad .....RESPONDENT DATE OF JUDGMENT PRONOUNCED: 05.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No 3.

Whether Their Ladyship/Lordship wishes to see the fair copy of the Judgment?

Yes/No

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.1557 of 2015 ORDER:

The petitioner is A1. His Motor Cycle bearing registration No.AP-36-AT-0994 is involved in the commission of the offence by transporting ID liquor packets in the said vehicle. The petitioner sought for return of the vehicle for interim custody through Crl.M.P.No.937/2015 and the same was returned by the trial Court on the ground that it has no jurisdiction. Where the petitioner claims to be owner of the offending vehicle, I deem it appropriate to return the vehicle to the petitioner for interim custody, as the non-user of the vehicle is likely to spoil the vehicle. However, the petitioner shall have the interim custody of the vehicle on terms only. Accordingly, this criminal revision case is allowed. Interim custody of the vehicle i.e., Motor Cycle bearing registration No.

AP-36AT-0994 be granted to the petitioner/A1, subject to the condition that the petitioner proves the ownership of the said vehicle and furnishes personal security for a sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety in a like sum and also on further conditions, viz.

(ii) the petitioner shall produce the vehicle as and when directed by the trial Court.

(iii) the custody is only interim custody; consequently the petitioner shall not put the vehicle to any use other

than his personal use, and (iv) the petitioner shall not sell or otherwise dispose of or alienate the vehicle until disposal of the case in Cr.No.191 of 2015 of Jangaon Police Station, Warangal.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 05.08.2015 Dsr