This order grants interim custody of an auto vehicle to the petitioner-owner under Criminal Procedure Code sections 397 and 401, subject to a personal bond of Rs. 1,50,000 and conditions preventing alienation.
Direction to release the auto vehicle on interim custody subject to a personal bond of Rs. 1,50,000 and conditions.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 2432 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 07.10.2015 passed in C.F.No.1393 of 2015 in C.C.No.128 of 2014 by the Judicial First Class Magistrate (Prohibition & Excise), Mahabubnagar.
Heard.
Petitioner herein filed the impugned application seeking to release the vehicle i.e., Auto bearing No. AP 22 TA 5957 and the said application was returned by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.
Learned Counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the same is very essential for his livelihood. 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.
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 i.e., Auto bearing No. AP 22 TA 5957 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.1,50,000/- (Rupees One Lakh Fifty Thousand only) with one surety for the like sum to the satisfaction of the Judicial First Class Magistrate
(Prohibition & Excise), Mahabubnagar, 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.
Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed.
_________________________ JUSTICE RAJA ELANGO
Date: 27.10.2015 va
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No. 2432 OF 2015
DATE: 27.10.2015
va
2 issues framed by the court
Whether to release the impounded auto vehicle for interim custody.
Whether to impose a personal bond as a condition for the interim release.
1 provisions across 1 enactments
Petitioner-Owner of the Vehicle
State
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
