Chintha Sriramulu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1385 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order, dated 05.01.2015, passed in Crl.M.P.No.7912 of 2014 by the learned Additional Judicial Magistrate of First Class, Gudur, whereby the learned Judge dismissed the petition filed by the petitioner for release of the vehicle, i.e., Tractor bearing No.AP 26 TA 1332 and Trailor bearing No.AP 26 TA 1334.

Heard.

Learned counsel for the petitioner submitted that the petitioner is the owner of the aforesaid vehicle and if the vehicle is kept idle for a long period, it will get damaged and hence, he prays to allow the petition. Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances, it is directed that the vehicle i.e., Tractor bearing No.AP 26 TA 1332 and Trailor bearing No.AP 26 TA 1334, shall be released to the petitioner for interim custody, subject to final orders to be passed in main case, on his executing a personal bond for Rs.3,00,000/- (Rupees three lakhs only) with one surety for a like sum to the satisfaction of the Additional Judicial Magistrate of First Class, Gudur, and subject to production of all the documents relating to the vehicle in question.

The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial Court. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings. With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 22.07.2015 pln