THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.430 OF 2011 ORDER: 1 This is a petition filed under section 482 of Cr.P.C. seeking to quash the order dated 18.10.2010 passed by the learned Additional Judicial Magistrate of I Class, Tuni in Crl.M.P.No.3629 of 2010 in Cr.No.10 of 2010 of Kota Nanduru Police Station which was culminated into P.R.C.No.13 of 2010 on the file of the said court, which was filed for release of Auto bearing No.AP 37 TB 0048 seized in connection with the said crime. 2 Brief facts are that the petitioner is the fourth accused in the said Cr.No.10 of 2010 on the file of Kota Nanduru Police Station registered for the offences punishable under sections 379, 384, 419, 420 and 401 of IPC and under sections 3 and 4 of P.I.T. Act. The allegation is that all the accused are habituated to commit high way offences i.e. entrapping one of the female accused on the guise of prostitute on the NH 5 Road and when the passers by went to her for sexual act, the remaining accused would commit assault against him and rob all his belongings and in the same process, on 04.02.2010 when P.W.1 Badireddi Apparao was proceeding on the way from Kotananduru to get a lorry to go to Vijayawada all the accused assaulted him by pouncing upon him and forcibly took away Rs.400/- from him. In that connection the police registered the said crime and also the Auto bearing No.AP 37 TB 0048 belonging to the petitioner herein. It is the contention of the petitioner that thought the petitioner was released on bail, his auto was not released. Hence he filed an application before the court below vide Crl.M.P.No.3629 of 2010 for release of his auto, but, however, the court below dismissed the said application observing that there is every possibility of making changes to the vehicle and to destroy the evidence. Hence, as stated supra, the petitioner approached this court and filed the present application seeking to quash the said order dated 18.10.2010 passed by the learned Magistrate and consequently to release the auto. 3 Heard. The learned counsel for the petitioner submitted that the petitioner is eking out his livelihood by running the auto and that keeping the auto idle at the police station would cause grave and irreparable loss to him. He further submitted that the petitioner is ready and wiling to produce sufficient sureties for the interim custody of the said auto. 4 Having regard to the submissions made by the learned counsel for the petitioner that the petitioner is the owner of the said auto by which he is eking his livelihood, particularly, in view of the fact that the said crime was registered on 04.02.2010 i.e. about a year back, and inasmuch as the investigation in the said case was over and charge sheet was also filed and was numbered as PRC No.13 of 2010, I deem it appropriate to release the said auto in favour of the petitioner, but by imposing certain conditions. 5 Accordingly, this petition is allowed and the order dated 18.10.2010 passed by the learned Additional Judicial Magistrate of I Class, Tuni in Crl.M.P.No. 3629 of 2010 in Cr.No.10 of 2010 of Kota Nanduru Police Station and connected with PRC No.13 of 2010 on the file of the said Court is hereby quashed. The auto bearing No.AP 37 TB 0048 seized in connection with the said crime is hereby ordered to be released in favour of the petitioner towards interim custody on condition of his executing a bond for Rs.50,000/- Further, the petitioner shall give an undertaking that he shall not alienate the same during the pendency of the said case and he shall also produce the said vehicle as and when required by the court. ---------------- 21.01.2011 Kvsn