ORDER :

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the respondents.

2. The present criminal petition is filed aggrieved by the order dated 01.8.2022 passed in Crl.M.P.No.481 of 2022 in Crime

No.45 of 2022 on the file of the Court of Special Judicial First Class Magistrate-cum-Prohibition & Excise Court, Kurnool.

3. The petitioner herein being a GPA Holder of vehicle bearing No.NL 01 AD 3023 filed the above-mentioned miscellaneous application for interim custody of the said vehicle, which was allegedly involved in Crime No.45 of 2022 for the offences punishable under Sections 337 and 304A of the Indian Penal Code, 1860. The learned Magistrate, upon considering the said application, by an order dated 01.8.2022 granted interim custody of the vehicle, subject to the condition of the petitioner/GPA Holder furnishing self-bond for Rs.24.00 lakhs with single/two surety/sureties.

4. Learned counsel for the petitioner inter alia submits that the learned Magistrate passed the said order under the mis- conception that the Crime vehicle has no insurance as on the date of offence. Drawing the attention of this Court to the Commercial Vehicle Package Policy Certificate-cum-Policy Schedule, learned counsel would urge that the vehicle is having insurance for the period from 27.3.2022 to 26.3.2023, whereas the accident occurred on 26.4.2022. He further submits that imposition of the condition to furnish self-bond for Rs.24.00 lakhs is onerous and not warranted in the facts and circumstances of the case. Learned counsel also submits that the petitioner is ready to furnish bank guarantee if reasonable amount as security, for interim custody of the vehicle, is fixed. Accordingly, he seeks modification of the condition as imposed by the learned Magistrate.

5. Learned Assistant Public Prosecutor, on the other hand, submits that the learned Magistrate has taken into account the nature of the vehicle i.e., Chemical Tanker and therefore the condition to furnish self-bond for Rs.24.00 lakhs for release of the vehicle is justified.

6. This Court has considered the submissions made by the learned counsel for both parties and perused the material on record including the Insurance Certificate referred to above.

7. As rightly contended by the learned counsel for the petitioner, the insurance policy in respect of the vehicle in question covers the period from 27.3.2022 to 26.3.2023. Therefore, the observation of the learned Magistrate that the vehicle has no insurance coverage by the date of the accident is not tenable.

8. Be that as it may. Considering the submission that furnishing a self-bond for Rs.24.00 lakhs would be onerous, it is deemed appropriate to direct interim custody of the vehicle in question to the petitioner subject to the condition of the petitioner furnishing Bank guarantee of a Nationalized Bank for Rs.10.00 lakhs (Rupees ten lakhs only). Further, the petitioner/GPA Holder shall also submit an affidavit that the Bank guarantee would be renewed from time to time till disposal of the main case. The other conditions imposed by the learned Magistrate shall remain in force.

9. Modifying the order under challenge to the extent indicated above, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.

________________________ NINALA JAYASURYA, J August 24, 2022.

Note: Dispatch order copy by 29.8.2022.

(By Order) vasu