Telangana High Court
CRLRC/2610/2012 of Penumacha Ravi Kumar Raju, Vs B. Abraham, on 28 December 2012
SRI JUSTICE B.SESHASAYANA REDDY Crl.R.C.No.2610 of 2012 ORDER : This Criminal Revision Case is directed against the order dt:12.12.2012 passed in Crl.M.P.No.3232 of 2012 on the file of III Addl. Junior Civil Judge, Kothagudem, Khamma District, whereby and whereunder the learned Junior Civil
HON’BLE SRI JUSTICE B.SESHASAYANA REDDYCrl.R.C.No.2610 of 2012
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ORDER:
This Criminal Revision Case is directed against the orderdt:12.12.2012 passed in Crl.M.P.No.3232 of 2012 on the file of IIIAddl. Junior Civil Judge, Kothagudem, Khamma District, whereby andwhereunder the learned Junior Civil Judge dismissed the petition filedunder section 457 of Cr.P.C.
2). The petitioner is the owner of Tractor bearing registrationNo.A.P.20/TB/4819. The Tractor came to be seized in Cr.No.128 of2012 of Palvoncha Rural P.S., registered for the offences undersections 379 and 447 of I.P.C., and Section 3 of P.D.P.P. Act. Thepetitioner moved Crl.M.P.No.3232 of 2012 under section 457 ofCr.P.C., before the III Addl. Junior Civil Judge, Kothagudem, forrelease of the Tractor for interim custody. The learned III Addl. JuniorCivil Judge on considering the material brought on record and onhearing the counsel appearing for the parties, came to the conclusionthat the petitioner does not deserve for release of the vehicle for interimcustody, since the said vehicle came to be involved earlier in Cr.No.98of 2012 of Palvoncha Rural Police Station. Hence, this Crl. RevisionCase.
3). Heard learned counsel appearing for the petitioner andlearned Addl. Public Prosecutor appearing for 4[th] respondent/State.
4). It is contended by the learned counsel appearing for thepetitioner that case in Cr.No.128 of 2012 of Palvoncha Rural PoliceStation is still pending and no final adjudication has been made, inwhich case it is pre-mature to visualize what would be the result in theC.C. A further contention has been made if the vehicle is allowed toremain in the custody of the police exposing to natural vagaries, thereis every likelihood of it’s utility being lost by the time the caseconcludes. The petitioner has not been arrayed as an accused in Crime No.98 of 2012. Mere pendency of the said crime does notdisentitle the petitioner for return of the seized vehicle for interimcustody, if he is otherwise eligible in the present crime.
5). Learned Addl. Public Prosecutor opposed the application onthe ground that the petitioner used the vehicle for commission of theoffence for second time and therefore, he does not deserve for releaseof the vehicle for interim custody.
6). A fact remains that C.C.237 of 2012 relatable to Cr.No.98 of2012 is still pending trial and as on this day no conviction has beenrecorded against any of the accused in the said case. If the seizedvehicle is allowed in the custody of the police, there is every likelihoodof it’s utility being lost. In that view of the matter, I am inclined to orderrelease of the Tractor bearing No.A.P.20/TB/4819 to the petitioner forinterim custody subject to following conditions :
i) The petitioner shall execute a personal bond for a sum ofRs.2,00,000/- (Rupees two lakhs only) with one surety for a likesum each to the satisfaction of III Addl. Junior Civil Judge,Kothagudem.
ii) The petitioner shall undertake to produce the Tractor as andwhen required by the trial court.
iii) The petitioner shall not alienate, mortgage or alter thephysical features of the Tractor bearing No.A.P.20/TB/4819.
7). Accordingly, the Criminal Revision Case is allowed, settingaside the order dt:12.12.2012, passed in Crl.M.P.No.3232 of 2012 onthe file of III Addl. Junior Civil Judge, Kothagudem and consequently,the Crl.M.P.No.3895 of 2012 stands allowed.
28.12.2012GM/CS
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B.Seshasayana Reddy, J