THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 12872 AND 12891 OF 2010 COMMON ORDER: Since both these petitions are connected, they are being disposed of together by this common order. The petitioners approach this Court with a prayer to return the Tractor bearing No. AP 24TL TR 4885 and Trailor bearing No. AP- 24 X 1695 which were involved in Crime No. 160 of 2010 on the file of the Judicial First Class Magistrate, Huzurnagar (FAC) Kodad, Nalgonda district. The petitioners herein filed applications under Section 451 of Criminal Procedure Code, 1973 before the trial Court, which were dismissed by orders dated 2.12.2010 on the ground that investigation in the matter is pending. Heard the learned counsel for petitioner and learned Public Prosecutor. Having heard the counsel on either side and on perusal of the material available on record, this Court is of the view that even though it is the allegation of the prosecution that victim girl was taken in the Tractor and Trailor referred above, no prejudice would be caused, if said Tractor and Trailor are returned to the petitioner subject to certain conditions. It is also to be noted that the Apex Court in catena of judgments reiterated its earlier stand that property should not be subjected to damage and the same should be returned to the party. In the circumstances, this Court is of the view that the Tractor bearing No. No. AP 24TL TR 4885 should be released to the petitioner on execution of bond for a sum of Rs.1,00,000/- (Rupees one lakh only) and Trailor bearing No. AP- 24 X 1695 should be released to the petitioner on execution of bond for a sum of Rs.50,000/- (Rupees fifty thousand only). Further the petitioners are directed that they should not alienate the subject Tractor and Trailor nor change their physical features and produce the same before the Trial Court as and when required. Accordingly, both the petitions are ordered. _____________ RAJA ELANGO,J DATE: 27.12.2010 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 12872 AND 12891 OF 2010 Date: 27.12.2010