Kanchirapally Shiva Kumar v. The State Of Telangna

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6576 of 2018 ORDER :

This criminal petition is filed under Section 397 read with 439(1)(b) of Cr.P.C. to relax the condition No.(i) imposed in Crl.M.P.No.176 of 2018 passed by the III Additional District and Sessions Judge, Wanaparthy, dated 22.02.2018. 2.

Heard learned counsel for the petitioner and learned Public Prosecutor, representing the State.

3.

Undisputedly, the petitioner has not submitted to the custody of the Arresting Authority or the learned Magistrate concerned, pursuant to the bail order, dated 22.02.2018, passed by the learned IX Additional District and Sessions Judge, Wanaparthy, in C.M.P.No.176 of 2018, without which the question of seeking for modification of the condition does not arise, though the condition not to leave the local limits of the jurisdiction of the Magistrate Court is onerous, for he is working in Army elsewhere, rather than imposing the condition of not to leave the country.

4.

Having regard to the above, the criminal petition is disposed of directing the petitioner to submit either before the Arresting Authority or by surrender with application under Section 44 Cr.P.C. before the learned Magistrate Court concerned and execute bond with sureties for his enlargement within 10 days from today, failing which the bail order ceases its force and it is after submission, the condition not to

leave the local limits of the jurisdiction of the Magistrate Court since modified herein comes into operation of not to leave the country, however, it does not prevent if at all any police custody required after his surrender within 15 days for the Investigating Officer. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 17th July 2018.

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