Telangana High Court
CRLP/15170/2013 of Ravuri Ravi, Vs State of Andhra Pradesh, on 30 December 2013
SRI JUSTICE C.PRAVEEN KUMAR Crl.P.No.15170/2013 ORAL ORDER: The present criminal petition is filed under Section 482 Cr.P.C., seeking release of car bearing registration No. AP 16 AJ 9666 seized in Cr.No.156/2013 of Chandralapadu Police Station, Krishna District, registered for the
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMARCrl.P.No.15170/2013
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ORAL ORDER:
The present criminal petition is filed under Section 482 Cr.P.C., seekingrelease of car bearing registration No. AP 16 AJ 9666 seized in Cr.No.156/2013 ofChandralapadu Police Station, Krishna District, registered for the offencespunishable under sections 341, 342, 363, 324 r/w 34 IPC.
The allegations in the report would disclose that on 8-12-2013 whileL.W.1 was returning to Muagalapalli on his cycle, A-1 and A-2 came in a car bearing No. AP 16 J 9666, wrongfully restrained him and thereafter took him to thehouse of A-3 where the accused wrongfully confined L.W.1. It is further alleged thatA-1 and A-3 beat L.W.1 with sticks causing bleeding injuries. On hearing the cries,L.W.6 rushed to the spot and got L.W.1 released from the clutches of the accused.Basing on a report given by L.W.1, the present case came to be registered. Duringthe course of investigation, the police arrested A-1 to A-3 and seized the abovevehicle.
In view of the ongoing strike, the petitioner directly moved this presentapplication before this court.
The petitioner submits that he is the owner of the vehicle and there isevery possibility of the vehicle getting damaged if the same is exposed to sun andrain. As the vehicle is the main source of his livelihood, the petitioner seeks releaseof the same.
On instructions, the learned Public Prosecutor though opposed thepetition but did not dispute the ownership of the vehicle. According to him, thevehicle is still lying in the regular police station.
In Sunderbhai Ambalal Desai V. State of Gujarat[[1]]the Hon'ble Apex Courthas held that in case of vehicles seized during investigation, they should not beallowed to deteriorate by being kept unused and unattended in the premises of thepolice stations. Therefore, the vehicle has to be entrusted to the interim custody ofthe owner subject to appropriate conditions.
In view of the judgment of the Apex Court referred to above and takinginto consideration the fact that the vehicle is still lying in regular police station, it would be appropriate to grant interim custody of the vehicle ie., car bearing No.AP
16 AJ 9666 in favour of the petitioner on certain terms and conditions.
1) The petitioner shall execute a personal bond for Rs.5,00,000/- (Rs.Five lakhs only) with one surety for a like sum to the satisfaction of the AdditionalJudicial First Class Magistrate, Nandigama.
(2) The petitioner shall produce the original RC of the vehicle before theconcerned court.
(3) The petitioner shall not sell, alienate, mortgage or alter the physicalfeatures of the vehicle.
(4) The petitioner shall give an undertaking to produce the vehicle asand when required by the Magistrate.
The Criminal petition is accordingly allowed. Miscellaneousapplications, if any, shall stand closed. However, this order shall not preclude theauthorities in proceeding against the petitioner in accordance with law.
Date: 30-12-2013kmr
-----------------------------------C. PRAVEEN KUMAR, J.
[1](2002) 10 SCC 283