Bhattikunda Koteswara Rao, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2185 OF 2015 ORDER:

Petitioner - owner of the vehicle filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 16.09.2015 passed in Crl.M.P.No.5884 of 2015 (Crime No.789/2014-15 of Prohibition and Excise Police Station, Tiruvuru) by the Judicial Magistrate of First Class, Tiruvuru, Krishna District.

2. Heard.

3. Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to release the vehicle i.e., Bajaj Auto Rikshaw bearing Regd.No.AP 16-TX-9137 (Chassis No.FKH717036, Engine No.R8G0553421) and the said application was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

4. Learned Counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the same is very essential for his daily necessities. Further, if the vehicle is kept idle for a long period, there is every possibility of getting it damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court.

5. Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

6. Considering these circumstances, it is directed that vehicle i.e. Bajaj Auto Rikshaw bearing Regd.No.AP 16-TX-9137 (Chassis

No.FKH717036, Engine No.R8G0553421) shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of the main case, on his executing a personal bond for Rs.55,000/- (Rupees fifty five thousand only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class at Tiruvuru, Krishna District, 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.

7.

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

_________________________ JUSTICE RAJA ELANGO 26.10.2015 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.2185 of 2015 Date: 26.10.2015 AMD