THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL R.C.NO.1867 OF 2010 ORDER: 1 The petitioner who is facing trial in C.C.No.7 of 2005 on the file of the Court of the Special Judge for CBI cases, Visakhapatnam for the offences punishable under sections 13 (1) (e) r/w 13(2) of the Prevention of Corruption Act approached this court and filed the present revision questioning the order dated 25.08.2010 made in Crl.M.P.No.625 of 2010 in C.C.No.7 of 2005 refusing to permit him to go abroad to meet his son and daughter. 2 It is the contention of the learned counsel for the petitioner that during the pendency of the said case, on earlier occasions, when the petitioner filed application seeking permission to go abroad, the court below was pleased to permit him to go abroad by imposing some conditions, but this time it refused to permit the petitioner to leave the country. According to him the petitioner is a retired employee and his daughter who is a doctor is working in USA and she is pregnant and in those circumstances it necessitated the petitioner to visit USA to see her. However, the same is opposed by the learned standing counsel Mr. Kesavarao, who stated that in the event of petitioner’s failure to come back to India, it is very difficult to secure his presence. 3 Heard. 4 Apparently the petitioner is facing trial in C.C.No.7 of 2005 and the said case is pending for the last five years. Even if the petitioner is permitted to leave the country and to go to USA on the basis of the Visa that was issued by the American Consulate he will not be permitted to stay in USA beyond the period of six months as it is a visitors visa and if he stays beyond the period of six months, he will become an illegal immigrant. Further, it is clear from the record that on earlier occasions he was permitted to leave the country and he visited USA and came back. 5 In those circumstances, this court is of the view that the petitioner can be permitted to leave the country to visit his son and daughter who are staying in USA. 6 Accordingly this revision is allowed at the stage of admission by imposing the following conditions: 1. Before the petitioner leaves India he should file his colour photo copies of all the pages of his passport as well as the Visa and should furnish his itinerary to the court and also the detailed addresses of his son and daughter at USA, 2. Under no circumstances the stay of the petitioner in USA should exceed six months, 3. During the proceedings that take place in the C.C.7 of 2005 the petitioner should see that some advocate represents him as Special Vakalath holder before the court below. -------------- 06.10.2010 C.C. Tomorrow Kvsn