Faisal Bin Iqbal Alay, v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.7967 OF 2019 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure seeking modification of the order dated 02.12.2019 passed in Crl.MP.No.2074 of 2019 in C.C.No.17098 of 2019 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad, insofar as imposing condition of depositing Rs.5,00,000/- towards security deposit for return of passport and to redeposit the same on or before 11.02.2020. Learned counsel for the petitioner/A-1 contended that the Court below failed to appreciate the contention of the petitioner/A-1 that he has no sufficient means to deposit the money towards security deposit. It is further contended that since the case is at pre-trial stage, the presence of the petitioner/A-1 at this stage is not required especially when the other accused i.e. the family members of the petitioner have been appearing before the trial Court and the Court below ought to have granted some more time to redeposit the passport. It is further contended that no prejudice would be caused to the prosecution in case passport is returned to the petitioner.

Considering the facts and circumstances of the case, the condition with regard to depositing Rs.5,00,000/- towards security deposit for return of passport of the petitioner/A-1 shall remains unaltered. Insofar as the other condition of redeposit of passport on or before 11.02.2020 is concerned, the same is modified and

the petitioner/A-1 is directed to redeposit his passport after completion of six (6) months i.e. on or before 11.05.2020. With the above modification, this Criminal Petition is disposed of.

Miscellaneous applications, if any, pending shall stand closed.

_________________ (G. SRI DEVI, J) 18th December 2019 RRB