Andhra HC (Pre-Telangana)
Sarvepally Srinivas Chandrakiran vs The State Of Andhra Pradesh Rep. By ... on 26 August, 2014
Author: B.Siva Sankara Rao
Bench: B.Siva Sankara Rao
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRL.M.P.No.9952 OF 2014 26-08-2014 Sarvepally Srinivas Chandrakiran.....Petitioner The State of Andhra Pradesh rep. by Public Prosecutor.. Respondent Counsel for the Petitioner : Sri K.Chidambaram Counsel for the Respondent : Public Prosecutor <Gist : >Head Note: ? Cases referred: 1. AIR 2011 SC 312 2. (2008) 3 SCC 674 3. (1995) 5 SCC 694 THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRL.M.P.No.9952 of 2014 in Crl.P.No.9493 of 2012 ORDER:
1) This miscellaneous petition is filed by the petitioner/accused under Section 482 Cr.P.C seeking to release the passport duly relaxing the condition of surrendering the passport of the petitioner as stipulated in the order dated 30.10.2012 in Crl.M.P.No.5172 of 2012 in Crime No.418 of 2012 on the file of the Court of the Special Judicial Magistrate of the First Class for Prohibition and Excise, Guntur.
2) Brief facts are that the petitioner is the 1st accused and husband of the defacto-complainant of the above crime registered against him among other family members for the offences punishable under Sections 498-A I.P.C and Sections 3 and 4 of the Dowry Prohibition Act. It appears charge sheet filed by the police and the case was taken cognizance and the accused was examined on the charges framed against him and others under Section 240 Cr.P.C and coming for trial. Earlier, while granting bail to this petitioner, one of the conditions imposed on the petitioner is to deposit the passport and the same was subsequently deposited in the trial Court and subsequently, this Court permitted the petitioner/A-1 to take back the passport which is in deposit with Court for his going abroad to U.S.A and to return within six months and to re-deposit the same vide order dated 31.12.2012 in Crl.P.No.9493 of 2012. It is now again seeking such permission by this application with averments that he intend to appear for career progression and he applied for IDP under IELTS and as per the terms and conditions of IELTS the original passport has to be produced as proof of identification for appearing to the test that is scheduled to be conducted at Hyderabad on 06.09.2014 and without production of the original passport and submitting copy of it, they could not entertain him to participate in the test which is very important for his career progression.
3) Heard and perused the material on record.
4) As per the Apex Courts guidelines in Siddharam Satlingappa Mhetre v. State of Maharashtra as part of the conditions of the bail besides property title deeds required to be deposited including bank accounts and deposit of even the passport of accused before the learned Magistrate though there are expressions in Suresh Nanda V. Central Bureau of Investigation and in Gian Singh V. State of Rajasthan saying that the investigating officials have no right of their own to impound the passport, but for the passport officials under the provisions of the Indian Passport Act, 1967. Here, the impounding the passport by investigating officers is entirely different from seeking to deposit the passport by the Court as one of the conditions of the bail to see that the accused shall not jump the bail or from the clutches of the Justice of Law by using or misusing the passport even there is a bar under Section 6(2)(f) of the Indian Passport Act, 1967 of any person who is accused of crime in India, passport cannot be obtained and travel beyond the country without prior permission and there is a circular of the Central Government in GSR 570E, dated 25.08.1993 as per Section 22 of the Passport Act issued by the Ministry of External Affairs in the public interest that by said notification exempting the citizens of India against whom criminal proceedings are pending in India without facing any hardship for their requirement to travel abroad, a permission of the concerned Magistrate, where the case is pending for travel abroad.
5) No doubt in the earlier order, these aspects were not considered. However, coming to the present prayer, it is only to attend a test sought for at Hyderabad that is conducting by the foreign country in which as one of the conditions is to submit the original passport for verification and give a photocopy of the same for retention and the passport required is for the said purpose.
6) Having regard to the above by imposing a condition that he shall execute a bond that he shall not misuse the order now granting for return of the passport to travel beyond the country with that passport, he shall attend to the purpose for which the permission is accorded for such test being conducted on 06.09.2014 and return back the passport and for that he shall execute along with an affidavit in the form of a bond for Rs.20,000/- with one surety of cash or bank deposit or property security as the case may be.
7) Accordingly, with the above conditions, this petition is allowed. __________________________ Dr. B.SIVA SANKARA RAO J, August 26, 2014