The petitioner has come up under Section 482 Cr.P.C. for lifting Condition No.2 in Annexure I order dated 06.11.2014 passed by the Sessions Judge in Criminal Miscellaneous Petition No.1972 of 2014 in Crime No.325 of 2014 of the Vythiri Police Station. The crime was registered for the offences punishable under Section 376(2)(i) IPC and Sections 6 and 8 of the Protection of Children from Sexual Offences Act, 2012. 2. An auto rickshaw bearing registration No.KL 12 J- 3860 was seized in the matter. The petitioner herein, who is the registered owner of the said vehicle, had applied for interim custody of the vehicle under Section 451 Cr.P.C. It seems that the court below has passed an order dated Crl.M.C.No.6579/2014 : 2 :
06.11.2014, thereby ordering the release of the vehicle to the petitioner on the ground that the petitioner has to execute a bond for ₹50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum each and on a further condition that he shall make cash deposit of ₹40,000/- (Rupees Forty Thousand only) as security.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. It seems that the auto rickshaw was valued at ₹90,000/-, and that was the reason why the court below has passed an order for the execution of bond for ₹50,000/- with two solvent sureties for the like sum each. Over and above it, the court below has ordered the deposit of ₹40,000/- being the remaining value of the vehicle. It seems that the said vehicle is a material object required for the trial of the case, which involves very serious offences. The said vehicle has to be identified during the trial. Matters being so, sufficient conditions are required for the availability of the vehicle for the trial of the case, even if it is released to the Crl.M.C.No.6579/2014 : 3 :
custody of the petitioner. Matters being so, I do not find any reason to interfere with the conditions imposed by the court below in the said order. This Crl.M.C. is devoid of merits, and is only to be dismissed, and I do so.
In the result, this Crl.M.C is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/25/11 // True Copy // P.A. To Judge