High Court for State of TelanganaCRLP/6349/2016disposed of no costs

Majji Srinu, v. The State Of Andhra Pradesh

2016-04-26Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.6349 of 2016 ORDER:

The petitioner filed this Criminal Petition under Section 482 Cr.P.C. praying to release the vehicle i.e., Tractor bearing No. AP 30 U 9719 along with its Trailer bearing No.AP 30 T 3023 seized in Crime No.38 of 2016 of Etcherla Police Station, Srikakulam District, registered for the offences punishable under Sections 447 and 379 I.P.C. & Section 3(2) of PDPP Act, 1984.

Heard and perused the material available on record.

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. Tractor bearing No. AP 30 U 9719 along with its Trailer bearing No.AP 30 T 3023 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.50,000/- (Rupees Fifty thousand only) with one surety for the like sum 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 RAJA ELANGO Date : 26.04.2016 skmr