Allowed

Banoth Eeriya, v. The State of Andhra Pradesh

Telangana HC9 Nov 2012CRLRC/2249/2012

Case brief

AI extract

What is this about?

On a criminal revision concerning the refusal to release a crime vehicle, the court granted interim custody of a Hero Honda motorcycle to the petitioner on execution of a personal bond, prohibiting alienation and ensuring production for proceedings.

What did the court decide?

Vehicle released for interim custody on executing a personal bond of Rs.20,000 with one surety and producing original R.C. book.

Banoth Eeriya, Vs The State of Andhra Pradesh — Criminal Trial and Appeal | Telangana HC (2012)

¶1

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2249 of 2012

¶2

ORDER:

¶3

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 5.11.2012 passed in C.F.R. No.1829 of 2012 in P.R. No.674 of 2012-13 by the I Additional Judicial First Class Magistrate, Kothagudem.

¶4

Heard.

¶5

Petitioner herein filed the impugned application seeking to release the crime vehicle i.e. Hero Honda Motor Cycle bearing Reg.No.AP-20-AH-1611, and the said application was returned by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

¶6

Learned Counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the said vehicle is necessary for his daily use 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.

¶7

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

¶8

Considering these circumstances, it is directed that the vehicle i.e. Hero Honda Motor Cycle bearing Reg.No.AP-20-AH-1611 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of 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 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

¶9

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

¶10

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

¶11

_________________ Justice Raja Elango

¶12

Dated: 9.11.2012 Nn.

¶13

HONOURABLE SRI JUSTICE RAJA ELANGO

¶14

Crl.R.C. No.2249 of 2012

¶15

09.11.2012

¶16

Nn.

Banoth Eeriya, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Banoth Eeriya, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Annamdevula Veera Venkata Satyanarayana , Chanti, Vs The State of Andhra Pradesh

Yalavarthi Siva Sankar, Vs The State of A.P.

M.Suresh, Vs The State of Andhra Pradesh

Pallaparthi Eswara Rao Vs State of Ap.

Aithe Shivakumar, Vs The State of Andhra Pradesh

Gunti Babu Vs The State of a.P., rep. by its P.P.