Telangana High Court
CRLP/16550/2014 of Ruthala Santi, W/o. Srinivas Vs The Inspector of Police on 30 December 2015
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16550 of 2014 ORDER: This criminal petition is filed under Section 482 of Cr.PC to quash the order dated 11.11.2014 in Crl.M.P. No.566 of 2014 in S.C. No.89 of 2013 on the file of the court of Special Sessions Judge for trial of cases
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16550 of 2014
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ORDER:
This criminal petition is filed under Section 482 of Cr.PC toquash the order dated 11.11.2014 in Crl.M.P. No.566 of 2014 in S.C.No.89 of 2013 on the file of the court of Special Sessions Judge fortrial of cases under Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989-cum-Additional District Judge,Visakhapatnam.
2. Heard learned counsel for the petitioner and learned PublicProsecutor representing the State.
3. A perusal of the record reveals that the petitioner filed Crl.M.P.No.566 of 2014 under Sections 457 and 451 Cr.P.C., to release motorvehicle bearing No.AP 31 AQ 1486. The trial court, after hearing bothsides, allowed the petition with following conditions.
1) That the petitioner shall execute a personal bond forRs.10,00,000/- (Rupees Ten Lakhs only) andundertaking to to produce the said vehicle as and whenrequired by the court;Rs.10,00,000/- (Rupees Ten Lakhs only) andundertaking to to produce the said vehicle as and whenrequired by the court;
2) That the petitioner shall furnish bank guarantee for thesaid amount of Rs.10,00,000/- (Rupees Ten Lakhsonly) or two sureties each for a like sum;said amount of Rs.10,00,000/- (Rupees Ten Lakhsonly) or two sureties each for a like sum;
3) That the petitioner shall produce coloured photographsshowing all the features with number plate of thevehicle which shall be obtained in the presence of theInspector of Police concerned and duly identified byhim about their correctness;showing all the features with number plate of thevehicle which shall be obtained in the presence of theInspector of Police concerned and duly identified byhim about their correctness;
4) That the petitioner shall not alter the physical featuresand colour of the vehicle;and colour of the vehicle;
5) That the petitioner shall not sell away or transfer thevehicle to anybody until further orders of this court.vehicle to anybody until further orders of this court.
4. The learned counsel for the petitioner submitted that thepetitioner is facing much difficulty to furnish bank guarantee to the tunepetitioner is facing much difficulty to furnish bank guarantee to the tune of Rs.10,00,000/-. He further submitted that the value of the vehicle inquestion is less than Rs.10,00,000/-. The learned Public Prosecutor,on instructions, submitted that the value of the vehicle is aroundRs.6,00,000/-. It may not be possible for the petitioner to furnish bankguarantee for such amount. The learned counsel for the petitioner andlearned Public Prosecutor submitted that still the vehicle is in thecustody of the Station House Officer, Yelamanchili Rural PoliceStation, Visakhapatnam.
5. Having regard to the facts and circumstances of the case, thecondition Nos.1 and 2 are modified to the effect that “the petitionershall execute a personal bond for Rs.6,00,000/- (Rupees six lakhsonly) with two sureties each for a like sum to the satisfaction of the trialcourt and shall undertake to produce the said vehicle as and whenrequired by the trial court”.
6. With the above modification, the criminal petition is allowed.Miscellaneous Petitions, if any, pending in this Criminal Petition shallstand closed.
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T.SUNIL CHOWDARY, J.
December 30, 2015.
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