Bathina Srinivasa Rao v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11521 of 2016 ORDER:

The petitioner filed this Criminal Petition under Sections 457 read with Section 482 Cr.P.C. praying to release the Eicher Van bearing No.AP 31 X 4662 seized in crime No.98 of 2016 of Gollaprolu Police Station, East Godavari District. 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., Eicher Van bearing No.AP 31 X 4662 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 executing a personal bond for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with one surety for the like sum 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 he 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 : 08.08.2016 skmr