THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.8787 of 2010 ORDER: The Crime was registered against the petitioner herein-Accused No.1 and others for the alleged offence punishable under Section 498-A IPC by the Station House Officer, Narsapur Police Station. The petitioner is working at Doha Qatar, a foreign country. On coming to know of the fact that a crime was registered against him, when he came to India, he surrendered before the Additional Judicial Magistrate of First Class, Narsapur and the Court below was pleased to release him on bail. At the time of releasing the petitioner on bail, the Court below directed him to deposit his passport bearing No.E 8727079. After completion of the investigation, a charge sheet was filed and the same was numbered as C.C.No.118 of 2007 on the file of the Additional Judicial Magistrate of First Class, Narsapur. As the petitioner is working at Doha Qatar, he required the said passport and as such, he filed Crl.M.P.No.2966 of 2010 before the Court below under Section 451 Cr.P.C. for return of his passport, but, however, the same was rejected by the Court below on 18.08.2010. Hence, he approached this Court and filed the present Criminal Petition challenging the said order. Heard both sides. In my considered view, the Court below is not justified in dismissing the said application, instead, it should have imposed some onerous condition and released the said passport to the petitioner. Apparently, the petitioner requires the said passport for travel, etc. In those circumstances, the Criminal Petition is disposed of and the original passport bearing No.E 8727079 is ordered to be released in favour of the petitioner, but, however, on condition of the petitioner furnishing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties each for the like sum to the satisfaction of the said Magistrate. The petitioner shall give an undertaking before the Court below that he will produce the passport as and when required. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th December 2010 DR