Allowed

Chilukri Venkanna v. The State of Ap.

Telangana HC6 Nov 2012CRLRC/2191/2012

Case brief

AI extract

What is this about?

Petitioner sought interim custody of a crime vehicle seized in a criminal case. The High Court granted the release subject to execution of a personal bond, surety, provision of RC book, and undertakings not to alienate or tamper with the vehicle until the main case’s disposal.

What did the court decide?

Interim custody of the crime vehicle was granted subject to execution of a personal bond with surety, production of RC book, and undertaking for preservation.

Chilukri Venkanna Vs The State of Ap. — Telangana HC (2012) — LawSathi Research

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HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2191 of 2012

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ORDER:

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Petitioner filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the docket order dated 12.10.2012 passed in C.F.R.No.6309 of 2012 in P.R.No.380 of 2012-13 by the Judicial First Class Magistrate, Miryalaguda, Nalgonda District.

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Heard.

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Petitioner herein filed the impugned application seeking to release the crime vehicle i.e. Hero Honda Passion Motor Cycle bearing Reg. No.AP-24-AQ-5520 (Chassis No.MBLHA10EWCGP 37318 and Engine No.HA10EDCGB15969) and the said application was returned by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

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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 and 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.

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

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Considering these circumstances, it is directed that the vehicle i.e. Hero Honda Passion Motor Cycle bearing Reg. No.AP-24-AQ5520 (Chassis No.MBLHA10EWCGP 37318 and Engine No.HA10EDCGB15969) 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.20,000/(Rupees Twenty Thousand only) with one surety for the like sum to the satisfaction of the Court/authority concerned and also on production of original R.C. book. It is further directed that the petitioner

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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/authority concerned. This order does not stand in the way of any proceedings/investigation by the competent authority.

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Accordingly, the Criminal Revision Case is allowed. Consequently, the miscellaneous petitions, if any pending in this revision, shall stand closed.

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_________________ Justice Raja Elango

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Dated: 6.11.2012 Nn.

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HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL REVISION CASE NO.2191 of 2012

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06.11.2012

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Nn.

Chilukri Venkanna v. The State of Ap.

Case brief

What is this about?

What did the court decide?

Chilukri Venkanna v. The State of Ap.

Case brief

What is this about?

What did the court decide?

What the court decided

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