THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7653 of 2010 ORDER: This Criminal Petition is filed challenging the order, dated 24.07.2010, passed by the II Additional Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.2071 of 2010 in Cr.No.556 of 2010 of Afzalgunj Police Station, Hyderabad. By the said order, the learned Magistrate dismissed the application filed by the petitioner seeking to grant interim custody of the case property namely Innova 2.5V(M) eight seater bearing registration No.AP09 BU 7866 to him. Learned counsel for the petitioner submitted that even though the petitioner is arrayed as an accused in the said crime, there is no dispute that he is the owner of the said vehicle; that even it is the case of the prosecution, that the petitioner purchased the said vehicle out of the money earned by him by committing the offence under Section 480 IPC. He further submitted that the said vehicle was purchased by the petitioner even prior to the registration of the said crime and hence, prays to allow the Criminal Petition. Learned Public Prosecutor submitted that if the Court is inclined to grant custody of the said vehicle to the petitioner, some conditions may be imposed on the petitioner. In view of the same, this Court is of the view that the case property namely Innova 2.5V(M) eight seater bearing registration No.AP09 BU 7866 shall be returned to the petitioner with some conditions, which are as under: - (1) that the petitioner is directed to execute a bank guarantee for a sum of Rs.2,00,000/- (Rupees Two lakhs only); (2) That the petitioner should not alter the nature of the vehicle; (3) That the petitioner should not alienate the vehicle to third parties; (4) That the petitioner should produce the said vehicle before the Court as and when directed by the learned Magistrate for the purpose of marking the same as material object. With the above observations, the Criminal Petition is disposed of. _________________________ JUSTICE RAJA ELANGO 16th August 2010 dr