Nitin Kapoor, v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Criminal Petition No.1456 of 2016 ORDER :

The petitioners, who are accused Nos.1 to 3, preferred the present application under Section 439(1) (b) read with Section 482 Cr.P.C. to relax the condition imposed in the order dated 10-12-2015 in Crl.M.P.No.2391 of 2015 on the file of the XIV Additional Chief Metropolitan Magistrate, Hyderabad.

By order dated 10-12-2015 in Crl.M.P.No.2391 of 2015, the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad, released the petitioners on bail on execution of personal bond for a sum of Rs.50,000/- with two sureties for each accused for like sum each and they also directed to appear before S.H.O. concerned on every 15th day and every 30th day of every month till further orders, in default the bail of accused was directed to be cancelled. Further, the accused was directed to appear before the concerned police in the above said days between 10.30 am to 5.00 pm. Subsequently, the petitioners filed the present application seeking relaxation of the condition of appearing before the concerned police. This Court by order dated 2502-2016 dispensed with the appearance of the petitioners before the S.H.O. concerned on 29-02-2016. Thereafter, this court again by order, dated 11-03-2016, dispensed with

the presence of petitioners before the S.H.O. concerned on 15-03-2016.

The learned counsel for the petitioners-accused submits that petitioners are all residents of New Delhi and all are young and self-employed doing business together, thus, they are incurring huge expenditure and time to come all the way from Delhi and to go back for all practical purposes. The learned counsel for the petitioners, therefore, requests to relax the condition of appearing before the S.H.O. concerned.

The learned Public Prosecutor submits that investigation is pending and if the condition of reporting before the S.H.O. concerned is relaxed, the petitioners may not cooperate with the investigation agency.

Having regard to the facts and circumstances of the case, the Criminal Petition is disposed of directing the petitioners-accused to appear before the S.H.O. concerned only on 15th of every month between 10.00 AM and 6.00 PM until further orders.

Consequently, pending Crl.M.Ps., if any, in the Criminal Petition shall stand closed.

______________________________ JUSTICE C. PRAVEEN KUMAR Dt: 28.03.2016

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