THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.2212 OF 2009 Date: 31-12-2009 Between: Shaik Nazeer, S/o.Sondu Miya, Aged 22 Years, Owner-cum-Auto Driver, Near Perika Hostel, Kattakammugudem Road, Kodad (V) & (M), Nalgonda District. - - - Petitioner And The State of A.P. Rep. by its Public Prosecutor, High Court of A.P. Hyderabad. - - - Respondent. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.2212 OF 2009 ORDER: This Criminal Revision is directed against the docket Order passed in Criminal M.P. No.3170 of 2009 in Crime No.259 of 2009, dated 20-11-2009, on the file of Judicial First Class Magistrate, Kodad, Nalgonda District. The petitioner-Accused is the owner of the Bajaj Auto bearing Registration No. AP-24-X-1412. It is alleged that the petitioner kidnapped the minor victim in his auto, took her to his house and outraged her modesty. The said vehicle was seized. The petitioner filed Criminal M.P. No.3170 of 2009 seeking interim custody of the vehicle. The said petition was dismissed on the ground that the vehicle is involved in the commission of offence by the petitioner. The only point that arises for consideration is whether the auto involved in the offence can be returned to the petitioner? No doubt, the auto may be required to be produced at the time of trial. However, it is not in dispute that if the vehicles are kept idle and exposed to sun and rain, they may be damaged. No useful purpose will be served by keeping the vehicles idle. The learned counsel for the petitioner submitted that the auto is the only living source for the petitioner. It is also submitted that the petitioner will abide by any conditions imposed by this court. In the circumstances, the impugned order passed in Criminal M.P. No.3170 of 2009, dated 20-11-2009, is set aside and the Revision is allowed at the admission stage. The auto bearing Registration No.AP-24-X-1412, shall be given as interim custody to the petitioner on his executing a personal bond for a sum of Rs.30,000- (Rupees thirty thousand only)l with two sureties for a like sum each to the satisfaction of learned Judicial First Class Magistrate, Kodad, Nalgonda District. The petitioner shall not change the shape or colour of the vehicle, he shall produce the vehicle as and when required, he shall not alienate the auto. The R.C. book of the auto shall be deposited in the lower Court. _____________________ B. CHANDRA KUMAR, J Date: 31-12-2009. DSH