Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 451, 457
Judgment
The petitioners, who were unsuccessful in getting the Vehicles viz., Lorries bearing Nos.AP 31 TT 9589, AO 09 X 9976 and AP 31 Y 9989 released in Crl.M.P.Nos.1082, 1106 and 1154 of 2011 in Crime No.53 of 2011, filed under Sections 451 and 457 Cr.P.C. before the V Metropolitan Magistrate, Anakapalli.. Apparently, the petitioners are the owners of their respective vehicles in question and the same were seized in connection with the above crime. When the petitioners filed the above applications, the learned Magistrate dismissed the said applications by the common order impugned herein. Challenging the same, the present revisions have been filed.
Heard the learned Counsel for the petitioners. Having regard to the submissions made by the learned Counsel for the petitioners and in view of the fact that the petitioners are the owners and are eking out their livelihood from out of the income derived from the vehicles in question, this Court is of the view that the vehicles in question can be ordered to be released in favour of the petitioners by imposing certain conditions. Accordingly, the vehicles in question are hereby ordered to be released in favour of the petitioners on the following conditions: 1) Each of the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the V Metropolitan Magistrate), Anakapalli. 2) Each of the petitioners shall give an undertaking that they will produce the respective vehicles in question as and when required and they shall not alienate the same during the course of enquiry, investigation and trial. Subject to the above conditions, the Criminal Revision Cases are allowed. Justice Gopala Krishna Tamada ______________________________ Dated: 8.4.2011 Nn/rkk HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE Nos:804, 807 and 828 OF 2011
8.4.2011
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