IN THE HGIH COURT OF JUDICATURE OF ANDHRA PRADESH MONDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE No.50 OF 2010 BETWEEN: Somireddy Venkat Reddy S/o. Sathi Reddy @ Satyanarayana Reddy …. Petitioner AND The State of A.P., through S.H.O., Munagala Police Station, Nalgonda District, rep by Public Prosecutor High Court of A.P., Hyderabad. …. Respondent THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE No.50 of 2010 ORDER: This Criminal Revision Case under Section 397 and 402 Cr.P.C. is filed by the petitioner Somireddy Venkat Reddy seeking to set aside the order dated 12-11-2009 in Crl.M.P.No.3036 of 2009 in Crime No.106 of 2009 passed by the learned Judicial Magistrate of First Class, Kodad. 2. Heard. 3. The case of the prosecution is that A-1 to A-5 were committing property offences by using the car of the petitioner (A-6) in various parts of Andhra Pradesh since few years. On 10-06-2008, A-1 to A-4 went to Gumpula Madhavaram village in the car bearing No.AP 16 TVA 0002 being driven by A-5 and committed theft of net cash of Rs.9,000/-, 6 Beer bottles and 4 whisky quarter bottles. 4. The Police of Munagala Police Station, Nalgonda District registered a case in Crime No.106 of 2008. The petitioner was arrested and the car was seized from his possession on 12-11-2009. The petitioner filed an application in Criminal M.P. No.3036 of 2009 seeking interim custody of the car and the said application was dismissed on the ground that the car was used in the commission of the offence punishable under Section 395 IPC and that the offence is triable by the Sessions Court. 5. It is not in dispute that the petitioner is the owner of TATA India Car bearing No.AP16 TVA-0002. As the vehicles are kept idle and exposed to sunlight and rain, they may be spoiled and damaged and their value may be decreased. As such, it is not desirable to keep the vehicles idle. 6. In the circumstances, I am inclined to order as follows. 7. The vehicle TATA India Car bearing No.AP16 TVA-0002 shall be given in interim custody of the petitioner on his executing a bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties for the like sum each to the satisfaction of the Judicial Magistrate of First Class, Kodad on the following conditions. The petitioner shall deposit R.C. book of the vehicle and he shall not change the colour, shall not alienate the vehicle to any other person and he shall produce the vehicle as and when required. 8. Accordingly, the Criminal Revision Case is allowed. _____________________ B. CHANDRA KUMAR, J January 25, 2010. KTL