IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.5607 of 2009 Between: Guthula Nageswara Rao .. Petitioner AND The State of A.P., through SHO, Ravulapalem PS, East Godavari District, rep. by Public Prosecutor, High Court of A.P., Hyderabad. .. Respondent Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to recall the NBW, dated 22-07-2009 issued against the petitioner in C.C. No.96 of 2009 by the Additional Judicial Magistrate of First Class, Kothapet, East Godavari District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri V. Jithender Rao, Advocate for the petitioner and of the Public Prosecutor for the respondent, the Court made the following: ORDER: Heard Sri V. Jithender Rao, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent. The petitioner is the 1st accused in C.C. No.96 of 2009 on the file of the Additional Judicial Magistrate of First Class, Kothapet, East Godavari District and while dismissing the Criminal Petition No.4786 of 2009 filed by him, on 08-07-2009, this Court ordered that whether the petitioner is produced before the trial Court in execution of any compulsive process or whether he appears before the trial Court by surrendering himself to the custody of the Court, the trial Court can, undoubtedly, consider in accordance with law the feasibility of his immediate release on bail subject to appropriate conditions, if such a request for grant of bail were to be made and such expeditious consideration of any request for bail on the same day will be necessary in the interests of justice to avoid any adverse consequences to the petitioner in respect of his job. The petitioner appears to have accordingly surrendered before the trial Court on 16-07-2009 and to have been ordered to be released on bail on furnishing a personal bond for Rs.10,000/- with two sureties for a like sum. The petitioner appears to have furnished solvency certificates of two sureties along with tax receipts and ration cards, but the trial Court appears to have directed them to produce their original title deeds, as the sureties failed to state the particulars of their properties, before 22-07- 2009. An order was passed on 22-07-2009 rejecting the solvencies, as the original documents of title of the sureties were not produced and a non-bailable warrant was directed to be issued against the petitioner. The petitioner again approached this Court with this petition being aggrieved by the rejection of the sureties without notice to him and claimed that the Court should have directed him to produce some other sureties, if there was any discrepancy in the solvencies of the earlier sureties. He also expressed his readiness to furnish cash surety and obey any condition that may be imposed by the Court. He requested for recalling of the non- bailable warrant accordingly. The petitioner has produced copies of salary certificates and identity cards of two other persons, who are prepared to stand as sureties for him in place of the earlier sureties and the learned counsel for the petitioner again makes a request for a lenient view being taken. The case arises out of matrimonial disputes and the petitioner was not accused of having any other criminal record. He is a petty private employee in his middle age and faithfully complied with the orders of this Court in Criminal Petition No.4786 of 2009. The direction to the sureties to produce original documents of title is stated to have not been comprehended by them, according to the learned counsel for the petitioner and a communication gap is claimed to have led to the situation, whereby the petitioner had to face the compulsive process of a non-bailable warrant. In view of his readiness to abide by any conditions imposed by the Court and to furnish cash surety as well as some other sureties, he can be given one more opportunity in the interests of justice to submit himself to judicial process. Accordingly, the non-bailable warrant issued against the petitioner in C.C. No.96 of 2009 on the file of the Additional Judicial Magistrate of First Class, Kothapet, East Godavari District on 22-07-2009 is recalled and the petitioner is granted 15 days time from today to appear before the trial Court to execute a personal bond for Rs.10,000/- (Rupees ten thousand only) afresh with two sureties for a like sum to the satisfaction of the trial Court as already ordered in Criminal M.P. No.971 of 2009 by the trial Court or to comply with any other conditions that the trial Court may impose in modification of the original order granting bail to enable him to continue on bail and the trial Court shall give every reasonable opportunity to the petitioner to comply with such conditions of bail imposed by it. The criminal petition is ordered accordingly. _____________________ G. BHAVANI PRASAD, J Date: 17-08-2009 Svv