IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.2487 OF 2010. Date:07.04.2010 Between:- Venkata Prasad Nimma ..Petitioner/A-1 And The State of Andhra Pradesh, rep.by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. .. Respondent ORDER:- This petition is filed by the accused No.1 questioning order dated 10.03.2010 passed by the Additional Judicial Magistrate of the First Class, Karimnagar in Crl.M.P.No.216 of 2010 in Crime No.27 of 2009 of C.I.D., R.C.I.U., Karimnagar by which the lower Court dismissed petition of A-1 for return of his passport seized by the police during investigation. 2. No doubt, several similar criminal cases involving Non Resident Indians (N.R.Is) are lying in cold storage for want of presence of the accused, who obtained bail and slipped away to other countries. But all matters cannot be put on the same platform. A-1 herein is accused of offences punishable under Sections 498-A, 420 and 406 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act along with his family members. It is stated that after coming to know about registration of the case, A-1 came down to India from Australia where he is working as Architect and surrendered before the lower Court and later, obtained bail order from the Magistrate. He was released on bail after furnishing necessary sureties. The only hindrance for A-1 is that he could not pursue his avocation in Australia for want of passport, which is necessary for making travel from India to Australia to join in his job. 3. The petitioner’s counsel, after consulting the petitioner who is present in this Court, stated that the petitioner is ready to give cash security of Rs.5,00,000/- and surety of one Gazetted Officer of the State or Central Government as condition for handing over passport to him. The Additional Public Prosecutor is also heard. Having regard to circumstances of the case, this Court is of the opinion that A-1 cannot be prevented from pursuing his avocation and earn his livelihood simply because this crime is pending. 4. In these circumstances, the petition is allowed directing the Inspector of Police, C.I.D., R.C.I.U., Karimnagar to deliver passport of the petitioner/A-1 to him on condition of the petitioner making cash security deposit of Rs.5,00,000/- and giving surety bond for Rs.1,00,000/- (Rupees one lakh only) from a Gazetted Officer of the State or Central Government to the satisfaction of the Additional Judicial Magistrate of the First Class, Karimnagar. As and when cash security deposit of Rs.5,00,000/- is made, the Magistrate is directed to deposit the same in any nationalised bank in fixed deposit for three (3) years. _​_________________________ SAMUDRALA GOVINDARAJULU, J 7th April 2010 AMD