Boya Ramu v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1416 of 2016

ORDER

The petitioner filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code seeking to set aside the order dated 24.05.2016 passed in Crl.M.P.No.1213 of 2016 in Cr.No.46 of 2016 on the file of Judicial Magistrate of First Class, Yemmiganur.

2. Heard and perused the material available on record.

3. Petitioner herein filed the impugned application under Section 451 r/w.457 Cr.P.C., before the Court below seeking to direct the Station House Officer, Peddakadabur Police Station, Kurnool District, to release the Scorpio Vehicle bearing No.AP 27 AJ 0459 seized in Cr.No.46 of 2016 of Peddakadabur Police Station, Kurnool District, registered for the offences punishable under Sections 365, 347, 419, 323 and 506 r/w 34 IPC. By docket order dated 24.05.2016, the said petition was dismissed. Hence, the petitioner filed the present revision.

4. Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. He further submitted that the petitioner is ready to furnish sufficient surety and also produce the vehicle as and when required by the Court.

5. Learned Additional Public Prosecutor objects for the same, since the vehicle is involved in a crime.

6. Considering the facts and circumstances of the case and

even though the vehicle is liable to be confiscated, no prejudice would be caused for investigation if the vehicle is released for interim custody. Therefore, it is directed that the vehicle i.e, Scorpio bearing No.AP 27 AJ 0459, shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner executing a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Yemmiganur 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 disposal of the criminal case and further the petitioner shall undertake to produce the vehicle as and when required by the Court. However, it is made clear that the present order will not stand in the way of any confiscation proceedings. If already confiscation orders are passed, the order need not be given effect to.

7. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed.

______________ RAJA ELANGO, J 10th June, 2016 sj