High Court for State of TelanganaCRLP/16873/2016allowed no costs

Mohammed Iqbal Khan , Iqbal v. The State Of Telangana

2016-12-19Suresh Kumar Kait2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT Criminal Petition No.16873 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to relax the conditions imposed against the petitioner/ A.1 by the VI-Additional Chief Metropolitan Magistrate, Hyderabad in Crl.M.P.No.2157 of 2016, dated 12.09.2016.

While enlarging the petitioner/ Accused No.1 on bail in Crl.M.P. No.2157 of 2016, dated 12.09.2016, the learned Sessions Judge, directed the petitioner to appear before the concerned police on every alternate Sunday between 9.00 am and 11.00 a.m for a period of four months and also on condition that the petitioner shall surrender his passport if any. The petitioner also filed Crl.M.P.No.3472 of 2016 for relaxation of condition imposed against him before the III Additional Metropolitan Sessions Judge, Hyderabad, however, the same has been dismissed by order dated 01.12.2016.

Learned Counsel appearing on behalf of the petitioner/ Accused No.1 submits that the petitioner is working as educational consultant, accordingly, he has to give classes on Sundays also to the students, who desires to go abroad and prays to relax the condition imposed against the petitioner.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the petition and submits that the petitioner/ Accused No.1 may be directed to appear before the Investigating Agency as and when summoned/ required for the investigation purpose. Having heard the learned Counsel appearing for the petitioner, learned Additional Public Prosecutor appearing on behalf of the respondent State and keeping in view the averments made in the accompanying affidavit, I hereby modify the order passed by the learned Sessions Judge by

relaxing the condition of requiring the petitioner/ Accused No.1 to attend the police Station on every Sunday between 9.00 am to 11.00 a.m. However, the petitioner/ Accused No.1 shall attend before the Investigating Agency as and when summoned/ required for the purpose of investigation till the charge sheet is filed.

The criminal petition is, accordingly, allowed. _____________________ SURESH KUMAR KAIT, J Date: 19.12.2016 kvrm