CRLRC/2212/2009 of Shaik Nazeer, Vs The State of A.P., through SHO., Kodad Town P.S., on 31 December 2009

ORDER:

This Criminal Revision is directed against the docket Order passed inCriminal M.P. No.3170 of 2009 in Crime No.259 of 2009, dated 20-11-2009, on the file of Judicial First Class Magistrate, Kodad, Nalgonda District.

The petitioner-Accused is the owner of the Bajaj Auto bearingRegistration No. AP-24-X-1412. It is alleged that the petitioner kidnapped theminor victim in his auto, took her to his house and outraged her modesty. Thesaid vehicle was seized. The petitioner filed Criminal M.P. No.3170 of 2009seeking interim custody of the vehicle. The said petition was dismissed on the ground that the vehicle is involved in the commission of offence by thepetitioner.

The only point that arises for consideration is whether the autoinvolved in the offence can be returned to the petitioner? No doubt, the automay be required to be produced at the time of trial. However, it is not indispute that if the vehicles are kept idle and exposed to sun and rain, theymay be damaged. No useful purpose will be served by keeping the vehiclesidle.

The learned counsel for the petitioner submitted that the auto is theonly living source for the petitioner. It is also submitted that the petitioner willabide by any conditions imposed by this court.

In the circumstances, the impugned order passed in Criminal M.P.No.3170 of 2009, dated 20-11-2009, is set aside and the Revision is allowedat the admission stage. The auto bearing Registration No.AP-24-X-1412,shall be given as interim custody to the petitioner on his executing a personalbond for a sum of Rs.30,000- (Rupees thirty thousand only)l with two suretiesfor a like sum each to the satisfaction of learned Judicial First ClassMagistrate, Kodad, Nalgonda District.

The petitioner shall not change the shape or colour of the vehicle, heshall produce the vehicle as and when required, he shall not alienate theauto. The R.C. book of the auto shall be deposited in the lower Court.

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B. CHANDRA KUMAR, J

Date: 31-12-2009.

DSH