THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11166 of 2011 & CRL.M.P.No.12471 of 2011 ORDER: The criminal petition is filed by the petitioner with a prayer to set aside the order dated 07.09.2011 passed by the learned Judicial First Class Magistrate, Prathipadu, in Crl.M.P.No.1744 of 2011 in Crime No.131 of 2011, whereunder the learned Magistrate dismissed the application filed by petitioner herein for grant of interim custody of 38 oxen. Heard. Learned counsel for the petitioner submitted that the petitioner is the owner of 38 oxen, which were handed over to Society for Prevention of Cruelty of Animals (SPCA), Kakinada, for custody, while being transported in a lorry to Gokavaram shandy. He further submitted that the petitioner purchased the said livestock only for agricultural purpose. On perused of the entire material placed on record, this Court is of the view that if the oxen are continued to be in the custody of SPCA, it is very difficult to maintain them. In the result, the criminal petition & Crl.MP.No.12471/2011 are allowed and the cattle i.e., 38 oxen shall be entrusted to interim custody of the petitioner, subject to the condition of the petitioner depositing a sum of Rs.1,00,000/-(Rupees one lakh only), in cash, to the credit of Crime No.131 of 2011 of P.S.Annavaram, pending on the file of Judicial First Class Magistrate, Prathipadu, and the petitioner shall also give an undertaking that he shall not take the cattle to any slaughter house. ________________ RAJA ELANGO, J. 15th November, 2011 v v