HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1701 OF 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.2, under Section 482 Cr.P.C., with a prayer to direct the II Addl. Judicial Magistrate of First Class, Eluru, West Godavari District, to grant interim custody of Mahindra Duro Motor Cycle bearing No.AP 16 TM TR 7296 to him. Heard. Learned counsel for the petitioner has submitted that the petitioner is owner of the vehicle and since the date of seizure, it is in the custody of the police and if it is exposed to sun and rain, there is every likelihood of the vehicle being spoiled, that the petitioner filed an application before the trial Court for interim custody of the vehicle, but the same was dismissed on 13.07.2010, and that the petitioner will give an undertaking that he will not alienate the vehicle and change its features and he will produce the vehicle as and when directed by the trial Court. Therefore, he prayed to direct the trial Court to grant interim custody of the vehicle. Having considered the submissions of the learned counsel and in the facts and circumstances of the case, this Court is of the view that the vehicle can be released in favour of the petitioner on some conditions. Accordingly, the Criminal Petition is allowed and the Mahindra Duro Motor Cycle bearing No.AP 16 TM TR 7296 is ordered to be released in favour of the petitioner on the following conditions: a) The petitioner shall furnish a personal bond for Rs.15,000/- (Rupees Fifteen thousand only) with one surety for the like sum to the satisfaction of the Station House Officer, III Town (L & O) P.S., Eluru; b) He shall not alienate the vehicle or alter its nature; and c) He shall produce the vehicle before the Court, as and when directed by the learned Magistrate. __________________ RAJA ELANGO, J 1st March, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1701 OF 2011 (Allowed) 1st March, 2011 CBS