IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.9451 of 2010 Between: Praphol Gangadharam. ... PETITIONER AND The State of A.P. rep. by its Public Prosecutor and another. ...RESPONDENTS Counsel for the Petitioner : MR. A. RAVI SHANKER Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following: ORDER: This petition is filed under Section 482 of the Criminal Procedure Code seeking release of the vehicle bearing No. KA 02 Z 6882, Honda City GHI car. 2. The brief facts are that: The vehicle bearing No. KA 02 Z 6882 was seized by the Kasibugga police in Cr.No.19 of 2010 under Section 41(1)(a) and 102 of the Cr.P.C. alleging that during the course of vehicle checking on N.H.5 road, it was driven by the respondent No.2 without any records. On enquiry, it came to light that the registration number of the vehicle is AP 07 HP 6900. After that he was arrested by the police and was produced before the Executive Magistrate, Palasa and subsequently, he was enlarged on bail on executing personal bond. Subsequently, the section of law was altered under Section 468 and 471 of the Indian Penal Code. The petitioner further submitted that the vehicle is in the care and custody of the police and as the vehicle is manufactured in the year 2004, if the property is in the custody of the police, the condition of the vehicle will be diminished and it is very necessary for his daily use. Therefore, the Hon’ble Court may be pleased to order to issue the vehicle towards interim custody to him by imposing any conditions. 3. Heard. 4. Apparently, the vehicle is a sedan and in my considered view, if the vehicle is kept with the police during the pendency of the trial, it would get spoiled and there is every possibility of the petitioner incurring heavy damage. Hence, this Court is of the view that the vehicle can be released in favour of the petitioner, however, by imposing the following conditions: 1. The petitioner shall deposit original R.C. book of the vehicle with the Judicial First Class Magistrate, Palasa. 2. The petitioner shall furnish a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only). 3. The petitioner shall also give an undertaking that he will not alienate the vehicle and that he will produce the vehicle as and when required by the Court below. Subject to the above conditions, the criminal petition is disposed of. _______________________ GOPALA KRISHNA TAMADA, J September 29, 2010 DSK