Yerragadda Veerabhadram v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10752 OF 2016 ORDER:

The petitioner filed this Criminal Petition under Section 482 read with Section 457 Cr.P.C. praying to direct the 1st Respondent herein i.e., Forest Range Officer, Tallada Forest Range, Khammam District to release the vehicle bearing Reg.No.TS 04 UA 7952 seized in P.O.R.No.37/08 OR No.150/OR/2015-16 by permitting the petitioner to furnish third party surety before the Court of Judicial First Class Magistrate at Kothagudem.

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 bearing Reg.No.TS 04 UA 7952 shall be released for interim custody of the petitioner, subject to final orders to be passed in the above referred case in connection with the above crime, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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 : 25.07.2016 kvrm