Khais Bin Abdullah v. The State Of Telangana

HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11588 OF 2017 ORDER:

Heard the learned counsel for the petitioner-accused, learned Additional Public Prosecutor and perused the material on record. This Criminal Petition is filed under Section 439(1)(b) r/w Section 482 Cr.P.C. to grant custody of the passport to the petitioner-accused by relaxing the condition imposed on the petitioner, vide orders dated 16.10.2014 in Crl.M.P. No.3588 of 2014 in C.C. No.300 of 2015 by the III Additional Metropolitan Sessions Judge, Hyderabad (for short, 'the Court below'), wherein the Court below while granting bail to the petitioneraccused in Crime No.238 of 2014 of Falaknuma Police Station, Hyderabad, directed him to surrender his passport, if any, before the concerned police.

The petitioner stated that he has to go to Doha, Qatar, to attend his grand-son, who is suffering from genetic disorder and undergoing treatment.

On earlier occasion also, i.e., in the year 2016, the petitioner was permitted to go to Doha, Qatar, came back and returned his passport. In view of the illness of his grand-son, the petitioner can be permitted to go to Doha, Qatar.

Under these circumstances, the petitioner-accused is permitted to go to Doha, Qatar in between 01.01.2018 and 28.02.2018 and his passport shall be handed over to him on furnishing F.D.R. for Rs.1,00,000/- as security, in the name of the concerned Court. The petitioner shall re-deposit his passport before the learned Magistrate

concerned by 05.03.2018. In case of violation of conditions narrated in the order, the security amount of Rs.1,00,000/- stands forfeited to the State of Telangana.

The Criminal Petition is allowed accordingly. _________________________ Dr. SHAMEEM AKTHER, J Date: 05-12-2017.

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