THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.2430 of 2021
ORDER:
This Criminal Petition is filed under Section 482 read with 457 of the Code of Criminal Procedure, 1973 by the petitioner seeking to direct the Station House Officer, Special Enforcement Bureau Station, Rajamahendravaram-North, East Godavari District to forthwith release the Maruthi Swift vehicle bearing registration No.AP 05 DK 0505 seized in Crime No.510/2020 of Special Enforcement Bureau Station, Rajamahendravaram-North, East Godavari District by permitting the petitioner to furnish the third party surety before the Court of the learned V Additional Judicial Magistrate of First Class, Rajamahendravaram.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondents/State.
3. Learned counsel for the petitioner submits that the vehicle is hired for transporting jaggery and is not involved in the crime. He relies on two earlier judgments passed by a learned Single Judge of the common High Court of Telangana and Andhra Pradesh in Crl.P.Nos.202 of 2014 and 1047 of 2013.
4. Learned Public Prosecutor does not oppose the Criminal Petition.
5. In that view of the matter, the Criminal Petition is allowed and Maruthi Swift vehicle bearing registration No.AP 05 DK 0505 shall be released for the interim custody of the petitioner subject to 2 any final orders that may be passed at the time of disposal of the main case on execution of a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each before the Court of the learned V Additional Judicial Magistrate of First Class, Rajamahendravaram. It is further directed that the petitioner shall not alienate the vehicle, shall not change its physical features or create any encumbrance or charge on the same. He shall produce the vehicle whenever he is directed to do so by the lower Court.
As a sequel, miscellaneous applications pending, if any, in this Criminal Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 19.04.2021 sj 3 65 THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.2430 of 2021 Date: 19.04.2021 sj