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High Court for State of TelanganaCRLP/10441/2017allowed with costs

Samuel Muliyil, v. State Of Telangana,

2017-11-20Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTIETH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 10441 of 2017 Between:

Samuel Muliyil, S/o. Fracis Muliyil Petitioner (Accused in Cr.No.1017/2016 of Banjara Hills P.S., Hyderabad) AND State of Telangana, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana & A.P.

Respondent Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to modify the conditions of the orders dt. 29-12-2016 made in Crl.M.P.No. 3681 of 2016 in Crl.M.P.No. 3290 of 2017 in Crime No. 1017 of 2016 on the file of III Additional Metropolitan Sessions Judge, Nampally, Hyderabad, by directing the Station House Officer, Banjara Hills P.S. Hyderabad, to return the Pass Port of the Petitioner/Accused NO.3 in Crime No. 1017 of 2016 by permitting him to travel abroad from dt. 01-11-2017 to dt. 23-11-2017. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri C.H.Hari Govinda Khorana Reddy, Advocate for the Petitioner and of the Addl. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This petition is filed under Section 482 Cr.P.C. by the petitioner-A3. 2.

Heard learned counsel for the petitioner-A3, learned Additional Public Prosecutor representing the State and perused the record. 3.

Learned counsel for the petitioner-A3 would submit that the petitioner-A3 is a business man. In the course of his business, he has to visit Germany, Italy, China, Colombo, Singapore, Vietnam, Taiwan, Dubai, Korea and Indonesia. He has to leave India on 25.11.2017 and come back on 25.01.2018. His passport is with the Station House Officer, Banjara Hills, Hyderabad, in Cr.No.1017 of 2016. Pursuant to the order of this Court, the petitioner-A3 has deposited his passport with the said Station House Officer. 4.

On the other hand, learned Additional Public Prosecutor would submit that the crime is under investigation. 5.

Earlier also, similar request was made to this Court and the same was accorded on furnishing bank guarantee of Rs.10,00,000/-. 6.

Under these circumstances, the petitioner-A3 is permitted to visit the above countries and collect the passport from the S.H.O. concerned subject to furnishing bank guarantee of Rs.10,00,000/-. On return, the petitioner-A3 shall re-deposit his passport with SHO by 27-01-2018. 7.

Accordingly, the Criminal Petition is allowed." Sd/- V.VENKAT NARSAIAH ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR

..2..

To

1. The III Additional Metropolitan Sessions Judge, Nampally, Hyderabad.

2. The SHO, Banjara Hills Police Station, Hyderabad.

3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

4. One CC to Sri C.H.Hari Govinda Khorana Reddy, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 20-11-2017

ORDER

CRL.P.NO. 10441 OF 2017 DIRECTION

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 22-11-2017 HIGH COURT Dr.SAJ DATED: 20-11-2017

ORDER

CRL.P.NO. 10441 OF 2017 DIRECTION