Mr. Nirmal Kumar Kotecha v. Directorate Of Enforcement
HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE: Crl.P.No.11332 of 2023 PROCEEDING SHEET Sl.
No.
DATE
ORDER
OFFICE NOTE 01.
09.01.2025 SKS, J I.A.No.1 of 2025 This Interlocutory Application is filed to modify the order dated 05.12.2023 passed in Crl.P.No.11332 of 2023 seeking interim custody of the petitioner's passport deposited before the trial Court by permitting him to travel to Dubai, UAE for a period of two (02) months i.e., from 12.01.2025 to 12.03.2025. Heard learned counsel for the petitioner as well as learned Standing Counsel for the respondentEnforcement Directorate. Learned counsel for the petitioner firstly submitted that that petitioner's wife and his minor Child are permanently residing in Dubai and his son aged about 14 years and appearing for his 10th class board examinations at Dubai in the month of March/April, 2025 and also petitioner wife is suffering with severe slip disc issue since, 2021. He secondly submitted that after obtaining permission
from the Court, accused Nos.2 and 3 have already travelled to Dubai. He thirdly submitted that petitioner is the only person to take care of his son studies and his wife health condition. He lastly submitted that the petitioner is willing to furnish sureties as directed by this Court and prayed the Court to modify condition.
On the other hand, learned Standing Counsel for the respondent-Enforcement Directorate opposed the submissions made by the learned counsel for the petitioner stating that earlier petitions were dismissed as if the petitioner allows to travel Dubai, there is no source to call him for the purpose of investigation and now also there are no changed circumstances to consider this application. Hence, he prayed the Court to dismiss the petition.
After considering submissions from both the parties and material available on record, it apparent that the though LOC is issued against accused Nos.2 and 3, they are allowed to travel abroad. It is noteworthy that this case is at the stage of examination of the accused. Considering the medical grounds of the petitioner's wife and this Court is
inclined to permit the petitioner to travel to Dubai for a period of four (04) weeks, by relaxing the condition No.2 in Crl.P.No.11332 of 2023 and further, the trial Court is directed to give interim custody of petitioner's passport subject to the petitioner depositing an amount of Rs.2,00,00,000/- (Rupees two crores only) by way of FDR with two sureties by depositing the passport of the petitioner's brother bearing No.R9288220 before the trial Court as one of the surety. Further, the petitioner is directed to deposit his passport before the trial Court after returning from the abroad and on such deposit, the petitioner's brother passport may be released to him. Accordingly, this Interlocutory Application is a partly allowed.
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