M/S. Obulapuram Mining Company Pvt. Ltd., v. The State

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.P.NO.8155 OF 2017 ORDER:

This criminal petition is filed under Section 482 Cr.P.C. questioning the docket order, dt.6.03.2017 in Memo SR No.445 of 2017 in Crl.M.P.Nol.324 of 2012 in C.C.No.1 of 2012 passed by the Principal Special Judge for CBI Cases, Hyderabad. The petitioner filed petition before the trial Court under Sections 451 and 457 Cr.P.C. for release of helicopter of Bell - 407 with Registration No.VT-OMC of M/ s. Obulapuram Mining Company Pvt.Ltd., the trial court imposed certain conditions for release of helicopter on his executing a personal bond for Rs.6,62,00,000/ - (Rupees six crores and sixty two lakhs only) with one third party surety offering the security of immovable property for the said amount in favour of the Court. But, the petitioner furnished the documents i.e. sale deeds relating to the properties purchased in the name of the Company. But, the trial court did not accept the surety furnished by the petitioner and therefore, this matter came to be filed before this Court under Section 482 Cr.P.C.

During hearing, Sri Rajesh Maddy fairly conceded that the petitioner is willing to furnish bank guarantee in compliance of the direction issued in para 10 (i) of the order in Crl.M.P.No.324 of 2012 passed by the Principal Special Judge for CBI Cases, Hyderabad, dt.22.01.2013.

Learned Spl.P.P. for C.B.I. also accepted the offer given by the learned counsel for the petitioner. Therefore, I need not go into details of legality of the order since the inherent power is conferred on this Court to pass any order to meet the ends of justice. Having regard to the facts and circumstances of the case, the petitioner is directed to furnish bank guarantee in compliance of the direction issued in para 10 (i) of the order in Crl.M.P.No.324 of 2012 passed by the Principal Special Judge for CBI Cases, Hyderabad, dt.22.01.2013 and on furnishing bank guarantee, the court below is directed to release helicopter of Bell - 407 with Registration No.VTOMC of M/ s. Obulapuram Mining Company Pvt.Ltd. With the above direction, the criminal petition is disposed of. Miscellaneous petitions, if any pending in this criminal petition shall stand closed.

______________________________ M.SATYANARAYANA MURTHY,J DATE:04-09-2017 ccm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.P.NO. 8155 OF 2017 Date:04.09.2017 ccm