HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2437 of 2011 ORDER : 1 The petitioner approached this Court seeking to set aside the impugned order dated 03.12.2011 passed in CRL.M.P.No. 5909 of 2011 in C.C.No.614 of 2011 by the learned Principal Junior Civil Judge, Tiruvuru (FAC) Addl. Junior Civil Judge, Tiruvuru, whereby he dismissed petition for release of vehicle i.e., Hero Honda Motor Cycle bearing Reg. No. AP 16 AQ 1746, seized in connection with Cr.No.134 of 2011 of Vissannapet Police Station, Krishna District. 2 Heard. 3 Learned counsel for the petitioner submitted that the petitioner filed an application under Section 451 Cr.P.C., before the court below for interim custody of his vehicle, but the same was dismissed on the ground that if it is proved that the above property is used in commission of offence punishable under Sections 3 & 4 of the Gaming Act, and on conviction the said property is liable to be confiscated to the State. 4 I have perused the record and I am of the considered opinion that provisions under Section 451 Cr.P.C., for interim custody of the vehicle, can be invoked irrespective of the stage of investigation and filing of the charge sheet. There is no dispute that the vehicle in question belongs to the petitioner herein. 5 Considering the above circumstances, it is directed that vehicle i.e., Hero Honda Motor Cycle bearing Reg. No. AP 16 AQ 1746 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 executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousands only) with one surety. 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 further he shall undertake to produce the vehicle as and when required by the Court. The petitioner shall also give an undertaking before the learned Magistrate to the effect that no confiscation proceedings are pending before any authority or Court with regard to the above vehicle. 6 Accordingly, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Date : 12.12.2011 Kvsn