Mr.Balina Veera Venkata ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1835 AP

 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

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

THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.2430 of 2021

Date: 19.04.2021

sj