THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 12906 OF 2010 ORDER: The petitioner approaches this Court with a prayer to return the vehicle bearing registration No. AP 21 Y 9969 which was involved in Crime No. 217 of 2010 on the file of the II Town Law and Order Police Station, Eluru. Learned counsel for petitioner submitted that the petitioner herein is owner of the subject vehicle, having purchased it under hypothecation and due to seizure of the vehicle he is suffering irreparable monitory loss and unable to pay the due instalments. It is also stated that the petitioner is in no way connected with the crime in question and has filed an application in Criminal M.P.No. 3437 of 2010 seeking release of the subject vehicle, however, the learned First Class Magistrate, Yemmiganur has dismissed the said application and the vehicle is presently kept idle and subjected to damage. Hence, sought for release of the vehicle. Heard the learned counsel for petitioner and learned Public Prosecutor. Having heard the counsel on either side and on perusal of the material available on record, this Court is of the view that no prejudice would be caused, if subject vehicle is returned to the petitioner subject to certain conditions. It is also to be noted that the Apex Court in catena of judgments reiterated its earlier stand that property should not be subjected to damage and the same should be returned to the party. In the circumstances, this Court is of the view that the vehicle bearing registration No. AP 21 Y 9969 should be released to the petitioner on execution of bond for a sum of Rs.1,00,000/- (Rupees one lakh only). Further the petitioner is directed not alienate the subject vehicle nor change its physical features and produce the same before the Trial Court as and when required. Accordingly, the Criminal Petition is disposed of. _____________ RAJA ELANGO,J DATE: 27.12.2010 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 12906 OF 2010 Date: 27.12.2010