seeking return of his passport by relaxation of the bail conditions. = As regards the apprehension of the Court below that the petitioner may abscond, it would be sufficient if the petitioner is asked to furnish bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only) to guarantee his return. The condition imposed by the learned XI Additional Chief Metropolitan Magistrate, Secunderabad, in his order, dt.10.10.2012 in Crl.M.P. No.4170 of 2012 with regard to deposit of the original passport in the Court shall stand relaxed till the return of the petitioner from Dubai in April, 2013. The passport shall be released to the petitioner upon his furnishing the guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only). The petitioner, upon his return from Dubai, shall redeposit the original passport in Court. Upon such deposit of the passport by the petitioner, the bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only), shall be returned to him.

THE HON’BLE SRI JUSTICE SANJAY KUMAR

CRIMINAL PETITION NO.218 OF 2013

10.1.2013

K. GOPALAKRISHNA                                      …                 PETITIONER

AND

THE STATE OF A.P.

REP. BY ITS PUBLIC PROSECUTOR

HIGH COURT OF A.P.

HYDERABAD                                        …                  RESPONDENT

THE HON’BLE SRI JUSTICE SANJAY KUMAR

CRIMINAL PETITION NO.218 OF 2013

ORDER:

          The petitioner is accused No.3 in Crime No.70 of 2008 on the file of Ramgopalpet Police Station, who was granted regular bail by order dt.10.10.2012, in Crl. M.P. No.4170 of 2012, by the learned XI Additional Chief Metropolitan Magistrate, Secunderabad.  

One of the conditions imposed while granting him bail was that he should deposit his original passport in Court.

          It is the case of the petitioner that his daughter is due for delivery on 3.2.2013 and that she is residing in Dubai.  

He proposes to visit her along with his wife.  

For this reason, he moved Crl.M.P. No.5039 of 2012 before the learned XI Additional Chief Metropolitan Magistrate, Secunderabad, seeking return of his passport by relaxation of the bail conditions.  

However, by order dt.22.12.2012, the Sessions Court dismissed the Criminal Miscellaneous Petition apprehending that the petitioner/accused No.3 may not return to India as he did not even mention as to the approximate period that he wanted to remain in Dubai.  This aspect is, however, not borne out by the record.  

The petitioner has placed on record his return ticket which indicates that he would be returning from Dubai on 14.4.2013.  

As regards the apprehension of the Court below that the petitioner may abscond, it would be sufficient if the petitioner is asked to furnish bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only) to guarantee his return.  

The condition imposed by the learned XI Additional Chief Metropolitan Magistrate, Secunderabad, in his order, dt.10.10.2012 in Crl.M.P. No.4170 of 2012 with regard to deposit of the original passport in the Court shall stand relaxed till the return of the petitioner from Dubai in April, 2013.  

The passport shall be released to the petitioner upon his furnishing the  guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only).  

The petitioner, upon his return from Dubai, shall redeposit the original passport in Court.  Upon such deposit of the passport by the petitioner, the bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only), shall be returned to him.

          The criminal petition stands disposed of. 

_____________________

                                                                   SANJAY KUMAR, J

10.1.2013

bnr

Note: Issue C.C. by tomorrow.

            (B.O)

             bnr