Petitioner sought release of seized vehicle under Section 457 CrPC. Court granted interim custody upon execution of a personal bond and appointment of a surety, subject to production of the vehicle as needed.
Vehicle released for interim custody subject to executing a personal bond of Rs.30,000 with one surety and producing the original RC book.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 2465 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 10.10.2015 passed in Crl.M.P.No.891 of 2015 in P.R. No.265 of 2014-2015 by the I Additional Judicial First Class Magistrate, Kothagudem.
Heard.
Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to release the vehicle i.e., Hero Splendor Pro Motor Cycle bearing No.AP 20 AQ 3504 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 the purpose of regular use. 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., Hero Splendor Pro Motor Cycle bearing No.AP 20 AQ 3504 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.30,000/- (Rupees Thirty Thousand only) with one
surety for the like sum to the satisfaction of I Additional Judicial First Class Magistrate, Kothagudem, 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. 2465 OF 2015
DATE: 27.10.2015
va
1 issue framed by the court
Whether the petitioner, owner of the vehicle, is entitled to interim custody of the seized vehicle subject to conditions.
2 provisions across 1 enactments
Petitioner
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
