THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2415 of 2010 JUDGMENT: This revision is directed against the order dated 24.11.2010 passed in Crl.M.P.No.8869 of 2010 in P.R.C.No.57 of 2010 by the X Metropolitan Magistrate, Cyberabad, refusing to release the vehicle bearing No.AP 23-P-0936. The brief facts are that on 24.11.2009 at 0015 hours L.W.1-M. Chandrasekhar Reddy R/o B-89, 3rd main road, Sainikpuri, Secunderabad, gave a report stating that his father Ashok Reddy, S/o Chandrareddy was missing since morning of 23.11.2009 and the communication was also lost from 9.20 a.m., onwards from his mobile numbers and both the mobiles were not reachable and that he left home at 6.30 a.m., saying that he was going to site in his vehicle AP 10 AQ 9909 (Hundai Verna), and that they searched but in vain and as he is in real estate business they suspect that he might have been kidnapped. On the said report, a case in Crime No.798 of 2009 was registered against six persons viz., respondents 2 to 7 herein. A5-U. Chalamohan Reddy alias Solman Reddy is the husband of the petitioner herein. The allegations against the husband of the petitioner and others are that they committed the offences punishable under Sections 120-B, 302, 379, 201 r/w 34 IPC. After completion of the investigation, a charge sheet was filed and the same was numbered as P.R.C.No.57 of 2010 before the X Metropolitan Magistrate, Cyberabad, Malkajgiri. According to the prosecution, one TATA SUMO bearing No.AP 23 P 0936 was used in carrying a dead body of the deceased and therefore, the same was seized by the Kusaiguda police on 8.12.2009. As the petitioner is the owner of the vehicle in question, she approached the Court below and filed an application in Crl.M.P.No.8869 of 2010 under Section 451 Cr.P.C. but the same was dismissed and hence, the petitioner approached this Court for release of the said vehicle. Heard. May be the petitioner is the owner of the vehicle. When there is an allegation that the dead body of the deceased was carried in the vehicle in question, definitely the same is required during the course of trial. But on that ground, it cannot be said that the vehicle shall not be ordered to be released in favour of the petitioner. If the vehicle in question is kept idle, the same gets spoiled and becomes totally useless after some time. In those circumstances, this Court is of the opinion that the vehicle in question can be ordered to be released in favour of the petitioner towards interim custody but by imposing certain conditions. Accordingly, the Criminal Revision Case is allowed and the vehicle viz., TATA SUMO bearing No.AP 23 P 0936 is ordered to be released on the following conditions: 1) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the X Metropolitan Magistrate, Cyberabad, Malkajgiri. 2) She shall give an undertaking that she will produce the vehicle in question as and when required and she shall not alienate the same during the course of enquiry, investigation and trial. ___________________________ Justice Gopala Krishna Tamada Dated: 7.3.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:2415 OF 2010 7.3.2011