Nallasab Hari Krishna v. The State Of Telangana

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3215 of 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed aggrieved by the order, dated 09.05.2019, passed in Crl.M.P.No.242 of 2019 in Crime No.35 of 2019 by the Judicial Magistrate of First Class, Sircilla. 2.

Heard the learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the 1st respondent-State and perused the record.

3.

Learned counsel for the petitioner would submit that the petitioner is owner of Maruti Ertiga bearing registration AP-15-BE-5891; that the respondent-police have seized the said vehicle on the ground that the same was used in the subject crime; that the petitioner filed an application before the Court below for interim custody of the said vehicle, but the same was dismissed without considering the contentions raised by the petitioner; that from the date of seizure, the vehicle is kept idle and open to sky and if the same is to be continued, the vehicle would be damaged and hence, he prays to grant interim custody of the vehicle in favour of the petitioner.

4.

Learned Additional Public Prosecutor, representing the respondent-State conceded to the request of the petitioner and submitted that interim custody of the subject vehicle may be granted to the petitioner by imposing conditions.

5.

Having regard to the submissions of both sides, and without expressing any opinion on the merits of the case, at this stage, this

Court is satisfied that the interim custody of the subject vehicle can be given to the petitioner on imposing necessary conditions: 6.

Accordingly, the Criminal Petition is allowed setting aside the order, dated 09.05.2019, passed in Crl.M.P.No.242 of 2018 in Crime No.35 of 2019 by the Judicial Magistrate of First Class, Sircilla, and the learned Magistrate is directed to grant interim custody of the vehicle bearing registration AP-15-BE-5891 to the petitioner on his executing a personal bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two sureties for a like sum each to the satisfaction of the Court below. Further, the petitioner shall undertake that he will not alienate or transfer the subject vehicle in any manner and he will maintain the vehicle in good condition and produced before the Court below as and when required.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________ JUSTICE G.SRI DEVI JUNE 24, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3215 of 2019 Date:24.06.2019 YVL