Balivada Madhava Rao v. The State Of Ap.

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C. No.2555 of 2015

ORDER

Petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 27-06-2015 passed in Crl.M.P.No.1350 of 2015 in C.C.No.354 of 2010 on the file of the Judicial Magistrate of First Class, Kurnool, whereby the learned trial Judge dismissed the petition filed by the petitioner under Rule 219 of Criminal Rules of Practice praying the Court to return the passport to the petitioner.

Heard and perused.

Considering the facts and circumstances of the case, this Court is of the view that even though the petitioner is facing trial under Section 498-A I.P.C., the grant of an interim order for a particular period to travel abroad will not cause any prejudice to the trial pending before the Court concerned. Hence, the trial Court is directed to return the passport to the petitioner on his execution of a personal bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with one surety for a like sum to the satisfaction of the trial Court and also to obtain an affidavit from the petitioner informing the date when he is leaving the country and also the date on which he will surrender the passport before the concerned Court. In the meanwhile, the petitioner is also directed to represent his case through a counsel on all hearings concerned before the trial Court.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions pending in this revision, if any, shall stand closed.

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JUSTICE RAJA ELANGO 05th November, 2015 skmr