VIJAY MOHAN SHIVHARE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD Sri T. K. Sridhar, learned Counsel for the petitioner, and Sri A. Ramesh, learned Counsel representing the learned Public Prosecutor for both the respondents.

(2.) THE crime was registered under section 394 of the Indian Penal Code and the vehicle, Richer Truck was produced by the police before the trial Court. The trial Court found in its order in Crl. MP no. 13 83 of 2009 in Cr. No. 170 of 2009 that the vehicle was seized from the accused and if it is kept in the custody of the Court for any longer period, it will become useless and the Court also found it necessary to return the vehicle to the petitioner for interim custody on execution of a bond for Rs. 5,00,000/- with one surety for a like sum and on further condition that the petitioner shall not sell or change the physical features of the vehicle or mortgage the same during the period of interim custody. The petitioner was further directed to produce the truck before the Court as and when required.

(3.) THE petitioner, who is a resident of gwalior, is the Special Power of Attorney holder of the registered owner and it would be difficult for the petitioner or the registered owner to produce a surety for Rs. 5,00,000/-before the trial Court, which led them to file the present petition.