THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.5703 OF 2010 ORDER: 1 This is a petition filed under section 482 of Cr.P.C. seeking to quash the order dated 17.05.2010 passed by the learned Judicial Magistrate of I Class, Tuni in Crl.M.P.No.1468 of 2010 in Cr.No.11 of 2010 of Tuni Town Police Station which was filed for release of the Auto bearing No.AP 16 TV 4317 seized in connection with the said crime. 2 Brief facts are that the petitioner who is the fifth accused in the said case was arrested along with four others on 04.02.2010 at N.H.5 road of Kottam centre, Tuni on a complaint given by one Potluri Durga Prasad alleging that the petitioner and others forcibly took Rs.500/- from his pocket and tried to beat him when he was talking with the 2nd accused in the case. It is further stated that in connection with the said crime, the police seized his auto bearing No.AP 16 TV 4317. It is his contention that though he was released on bail subsequently, his auto was not released. Hence he filed an application before the court below vide Crl.M.P.No.1468 of 2010 for release of his auto, but, however, the court below dismissed the said application observing that there are no change of circumstances vide its order dated 17.05.2010. Hence, as stated supra, he approached this court with the present application seeking to quash the said order dated 17.05.2010 passed by the Magistrate and consequently to release his auto. 3 Heard. The learned counsel for the petitioner stated that the petitioner is eking 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 willing 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 earning his livelihood, particularly, in view of the fact that the said crime was registered on 04.02.2010 i.e. about four months back and inasmuch as the investigation in the case was said to be completed, 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 17.05.2010 passed by the learned Judicial Magistrate of I Class, Tuni in Crl.M.P.No.1468 of 2010 in Cr.No.11 of 2010 of Tuni Town Police Station is hereby quashed. The auto bearing No.AP 16 TV 4317 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. --------------- 28.06.2010 Kvsn