THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.8819 of 2009 Dated : 28.10.2009 Between : Nalluri Venkata Lakshmi Sowjanya ….. Petitioner a n d The State of A.P. ….. Respondent THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.8819 OF 2009 ORDER : This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner/owner of Hero Honda Splendor Plus motorcycle bearing No.AP37 R 9506 seeking to set aside the common order passed in Crl.M.P.No.1639 of 2009 in S.T.C.No.141 of 2009 dated 23.09.2009 on the file of the learned Judicial Magistrate of First Class, Nidadavolu and also praying the Court to grant interim custody of the vehicle. 2) The material available on record reveals that the said motor cycle was seized in connection with an offence punishable under the provisions of A.P. Gaming Act and the learned Magistrate dismissed the impugned petition on the ground that whether the vehicle was used as an instrument for gaming has to be decided in the main case during trial. 3) Heard. 4) The petitioner filed xerox copy of Registration Certificate of the motor cycle and as such there is no dispute about the ownership of the petitioner over the vehicle and the contention of the learned counsel for the petitioner is that if the motor cycle is kept in the custody of Police for a long period, irreparable loss would be caused to the petitioner. 5) Considering the circumstances, it is directed that Hero Honda Splendor Plus motorcycle bearing No.AP37 R 9506 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on her executing a personal bond for Rs.50,000/- (Rupees Fifty Thousands only) with one surety for a like sum to the satisfaction of the trial Court concerned. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and she shall produce the original RC before the trial Court for perusal to satisfy that she is the owner of the vehicle and further she shall produce the vehicle as and when required by the Court. 6) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 28th October, 2009 sur