interim custody of the vehicle - As per the entries in the certificate of registration, the petitioner is the registered owner. Allowing the vehicle in the custody of the police, there is every likelihood of the value of the vehicle being diminished. In that view of the matter, I am inclined to release the vehicle bearing No.AP 29T 1662 to the petitioner for interim custody, subject to the following conditions:- 1) The petitioner shall furnish bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of XI Additional Chief Metropolitan Magistrate, Secunderabad; 2) The petitioner shall place an undertaking before XI Additional Chief Metropolitan Magistrate, Secunderabad to the effect that he shall not alienate or encumber the vehicle bearing No. AP 29T 1662; 3) The petitioner shall produce the vehicle before the trial Court as and when directed. 5. Accordingly, the Criminal Revision Case is disposed of at the stage of admission.

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Revision Case No.85 of 2013

(Dated: 22-01-2013)

Between:

Mohammed Akthar

Mallepally, Masab Tank, Hyderabad

….Petitioner

           A n d

State of Andhra Pradesh, rep. by

It’s Public Prosecutor, High Court of A.P

…Respondent

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Revision Case No.85 of 2013

ORDER:

        This Criminal Revision Case is directed against the order dated 16-01-2013 passed in Crl.M.P.No.326 of 2013 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad, whereby and whereunder, the learned Magistrate dismissed the application filed under Section 451 read with Section 457 Cr.P.C.

2.     The petitioner is the owner of vehicle bearing Registration No.AP 29T 1662.  The vehicle came to be seized in connection with Crime No.487 of 2012 of Begumpet P.S., registered for the offence under Section 304-A IPC.  The petitioner approached     XI Additional Chief Metropolitan Magistrate, Secunderabad for release of the vehicle for interim custody by moving Crl.M.P.No.326 of 2013.  The learned XI Additional Chief Metropolitan Magistrate, Secunderabad, on considering the material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the petitioner is not entitled for release of the vehicle till completion of investigation, by order dated 16-01-2013. Hence this Criminal Revision Case.

3.     Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.

4.     There seems to be no dispute with regard to the ownership of the vehicle.   The petitioner placed on record Photostat copy of the certificate of registration issued by the Additional Registering Authority, RTA West Zone, Andhra Pradesh, Hyderabad.  As per the entries in the certificate of registration, the petitioner is the registered owner.  Allowing the vehicle in the custody of the police, there is every likelihood of the value of the vehicle being diminished.   In that view of the matter, I am inclined to release the vehicle bearing No.AP 29T 1662 to the petitioner for interim custody, subject to the following conditions:-

1)                The petitioner shall furnish bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of XI Additional Chief Metropolitan Magistrate, Secunderabad;

2)                The petitioner shall place an undertaking before XI Additional Chief Metropolitan Magistrate, Secunderabad to the effect that he shall not alienate or encumber the vehicle bearing No. AP 29T 1662;

3)                The petitioner shall produce the vehicle before the trial Court as and when directed.

5.     Accordingly, the Criminal Revision Case is disposed of at the stage of admission.

_____________________

B.SESHASAYANA REDDY, J

Dt.22-01-2013

RAR