J.V. Surya Narayana, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE SURESH KUMAR KAIT Crl.P. No. 17341 of 2016 O R D E R:- This Criminal Petition is filed seeking to relax the conditions imposed on the petitioner - A4 by VII Additional Metropolitan Sessions Judge, FAC - cum - V Additional Metropolitan Sessions Judge (Mahila Court), Hyderabad vide order dated 06.06.2016 passed in Crl.M.P.No. 1498 of 2016 in Cr.No. 2 of 2010 of C.I.D. Police Station, Hyderabad. Vide aforesaid order, the petitioner is ordered to be released on bail, in the event of arrest, on his executing bond for a sum of Rs.10,000/ - with two sureties for like sum each to the satisfaction of the Arresting Officer, CID P.S., Hyderabad and that the petitioner shall attend before the Station House Officer concerned twice a week i.e. on every Sunday and Wednesday between 09:00 a.m. and 05:00 p.m. till charge sheet is filed. The petitioner is also directed not to leave Hyderabad limits without prior permission of the Station House Officer concerned.

The learned counsel for the petitioner submits that the petitioner is an Ex-serviceman and he retired from service in the year 2002 whereas the crime was registered in the year 2010 and the petitioner has been complying with the conditions imposed in the impugned order since 06.06.2016,

SKK,J Crl.P_17341_2016 however, charge sheet has not yet been filed. He further submits that the conditions imposed may be relaxed as the petitioner is ready to appear before the Station House officer concerned as and when called for.

The learned Additional Public Prosecutor appearing on behalf of the respondent-State, submits that the aforesaid conditions imposed by the trial Court are for the purpose of concluding the trial expeditiously, however if this Court is inclined to relax the conditions stipulated in the impugned order, it may impose other conditions to ensure the presence of the petitioner.

Keeping in view the submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor, and the fact that the petitioner has been complying with the conditions imposed on him for the last six months and charge sheet is yet to be filed, I am of the view that these conditions are harsh and impracticable as on date. Hence, this Court modifies the impugned order as under: " The petitioner - A4 may move an application seeking permission for leaving the country at his convenient time. However, he shall not leave the country without obtaining permission of the Court concerned. The petitioner also need not appear before the Station House Officer concerned twice a week i.e. on every Sunday and Wednesday between 09:00 a.m. and 05:00 p.m., however he shall appear as and when called by the Station House Officer concerned for the purpose of investigation till charge sheet is filed."

SKK,J Crl.P_17341_2016 With the above observations, the Criminal Petition is allowed.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 03.01.2017 bcj