M.Swathi v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11722 of 2016 ORDER:

The petitioner filed this Criminal Petition under Sections 482 read with Section 457 Cr.P.C. praying to pass orders directing the S.H.O., Suryapet Town Police Station, Nalgonda District to forthwith release the Skoda Car bearing registration No.AP 09 BB 2852 (Model-2005) worth of Rs.1,00,000/- seized in Cr.No.70 of 2016 by permitting the petitioner to furnish the third party surety.

Heard and perused the records.

Learned counsel for the petitioner submitted that if the vehicle is kept idle for a long period, there is every possibility of getting it damaged and that the petitioner is ready to produce the vehicle as and when required by the Court below. Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

Considering these circumstances, it is directed that vehicle i.e., Skoda Car bearing registration No.AP 09 BB 2852 shall be released for interim custody of the petitioner, subject to final orders to be passed in the criminal case in connection with the above crime, on his filing bank guarantee for a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the satisfaction of

the trial court and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further she shall undertake to produce the vehicle as and when required by the Court below. However, it is made clear that the present order will not stand in the way of confiscation proceedings, if any, already passed. Further, this order does not preclude the authorities from passing any confiscation proceedings.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions filed, if any, shall stand closed. _______________________ JUSTICE M.S.K.JAISWAL Date : 10.08.2016 skmr