HONOURABLE SRI JUSTICE GOPALAKRISHNA TAMADA CRL.P.No.10029 of 2010 ORDER: This petition is filed to set aside the order dated 29.09.2010 passed in Crl.M.P.No.1917 of 2010 in Crime No.130 of 2010 on the file of the Judicial Magistrate of First Class, Devarakonda. The 2nd respondent herein registered a case in Crime No.130 of 2010 against the accused for the offences punishable under Section 9 (1) of A.P.Gaming Act 1974 and Section 3 (A) of A.P. Prevention of Cruelty of Animals Act and seized the vehicle i.e., Honda City Motor Car bearing No.A.P-11-J-5673, which was involved in the said crime. Since the petitioner herein is the owner of the said vehicle, he approached the Court below and filed Crl.M.P.No.1917 of 2010 under Section 451 Cr.P.C. for release of the said vehicle, but, however, the learned Magistrate by an order dated 29.09.2010, dismissed the said petition. Aggrieved by the same, the petitioner preferred this criminal petition stating that he is the owner of the said vehicle and he has nothing to do with the said crime and that if the said vehicle is not released in his favour, he would be put to irreparable loss and hardship. Heard both sides. Having considered the submissions made by the learned Counsel for the petitioner and also having regard to the fact that the vehicle in question gets spoiled if it is left in the custody of police and inasmuch as the petitioner is the owner of the said vehicle, this Court is of the view that the vehicle in question can be ordered to be released in favour of the petitioner by imposing certain conditions. Accordingly, the Criminal Petition is allowed at the stage of admission and the vehicle in question i.e., Honda City Motor Car bearing No. A.P.11-J-5673 shall be released in favour of the petitioner on condition of the petitioner executing a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for a like sum each to the satisfaction of the 2nd respondent-Station House Officer, Nampally Police Station. Further the petitioner shall also give an undertaking not to alienate or transfer/encumber the vehicle and change the nature of the vehicle and to produce the vehicle as and when he is directed by the Court below till the disposal of the case. ________________________ (GOPALA KRISHNA TAMADA, J) 08.10.2010 Gsn The Criminal Petition is allowed at the stage of admission and the vehicle in question i.e., Honda City Motor Car bearing No. A.P.11-J-5673 shall be released in favour of the petitioner on condition of the petitioner executing a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for a like sum each to the satisfaction of the 2nd respondent-Station House Officer, Nampally Police Station. Further the petitioner shall also give an undertaking not to alienate or transfer/encumber the vehicle and change the nature of the vehicle and to produce the vehicle as and when he is directed by the Court below till the disposal of the case. (Detailed order follows……….. ________________________ (GOPALA KRISHNA TAMADA, J) 08.10.2010 Note: Please send the bundle to C.M. Section after despatch of the order. (Bo) Gsn