THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12255 of 2011 ORDER: This criminal petition is preferred against the order dated 22.11.2011 in Crl.M.P.No.1968 of 2011 in Cr.No.472 of 2011 passed by the learned II Metropolitan Magistrate, Cyberabad, Rangareddy District whereby the learned Magistrate dismissed the application filed by the petitioner under Section 451 Cr.P.C. Admittedly, the petitioner is an accused in Cr.No.472 of 2011 registered for the offences under Sections 3 and 7 of the Essential Commodities Act, 1955. The learned Magistrate dismissed the application on the ground that the property has to be marked as a material object at the time of trial. Aggrieved by the same, the present petition is filed. Heard. I n Sunderbhai Ambalal Desai v. State of Gujarat ([1]), the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the police stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions. In the result, the Criminal Petition is allowed and the trial Court is directed to release the vehicle bearing Registration No. AP 29 TA 5131, involved in Crime No.472 of 2011 on the file of the Station House Officer, Meerpet Police Station, Cyberabad, Rangareddy in favour of the petitioner, subject to the condition of the petitioner executing a personal bond for Rs.3,00,000/-(Rupees Three Lakhs Only). Further, the petitioner shall give an undertaking that he will not alienate the said vehicle and will produce the same as and when required in connection with the said crime. ___________________ JUSTICE RAJA ELANGO Dated :30.11.2011 lvl THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12255 OF 2011 Dt. 30.11.2011 [1] (2002) 10 SCC 283