THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE No.354 of 2025

ORDER

This Criminal Revision Case is filed seeking to set-aside the order dated 12.06.2024 in Crl.M.P.No.729 of 2024 in Cr.No.214 of 2024 in PRC.No.29 of 2024 passed by the learned II Additional Junior Civil Judge- cum-II Additional Judicial Magistrate of First Class, Kushaiguda.

2. Heard learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor for respondent – State.

3. Learned counsel for the petitioner submitted that the petitioner is the owner of the crime vehicle bearing No.TS 17 T9 9512 Maruthi Swift Dzire, which has been falsely implicated in the crime and sought for interim custody of the same. He further submitted that the petitioner is ready to furnish any security to the satisfaction of the trial Court. Hence, prayed to allow the Criminal Revision Case.

4. On the other hand, learned Assistant Public Prosecutor opposed the same stating that the investigation is not yet completed. The subject vehicle is the crucial material evidence, if interim custody was granted, there is every possibility to vanish the crucial material evidence.

Hence, prayed the Court to dismiss the petition.

5. In case of Sunder Bhai Ambalal Desai vs. State of Gujarath, AIR 2003 SC 638 the Apex Court held that the vehicle involved in the case, has to be returned to the owner of the said vehicle. Considering the principal laid down in the aforesaid decision and having regard to the submissions of the learned counsel for the petitioner, this Court is inclined to grant interim custody of the vehicle in question on condition of petitioner executing a personal bond for a sum of Rs.1,00,000/- to the satisfaction of learned II Additional Junior Civil

Judge-cum-II Additional Judicial Magistrate of First Class, Kushaiguda, and also on her furnishing an undertaking to the trial Court to the effect that she shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the above crime and shall produce the vehicle as and when required.

6. Accordingly, the Criminal Revision Case is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.

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E.V. VENUGOPAL, J Date: 01.05.2025.

KRL THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE No.354 of 2025 Dt.01.05.2025 KRL