IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.3670 OF 2010. Date:26.04.2010 Between:- Dr.K.Laxminarayana ..Petitioner/Accused No.2 And State of A.P. through ACB, Nizamabad Range, Rep.by Special Public Prosecutor, High Court, Hyderabad. .. Respondent/Complainant ORDER:- The respondent booked this case against the petitioner and several others in the year 2000. After investigation, the respondent filed charge sheet in the lower Court after a long period of eight years. The petitioner was working as a Medical Officer. Now, he is retired from service on attaining age of superannuation. 2. The allegations are that he purchased substantial material from spurious firms, details of which are set out in para No.3 of the lower Court order. During investigation, the investigating agency has seized passport of the petitioner. Now the petitioner filed Crl.M.P.No.109 of 2008 in C.C.No.14 of 2008 in the lower Court under Sections 451 and 457 Cr.P.C. for return of his passport as he intended to go abroad. 3. Simply because his similar request was dismissed previously in the year 2006, it will not preclude him from approaching the Court for same or similar relief on change of circumstances. Now the petitioner wants to go abroad for the purpose of medical treatment and for the purpose of calling on his son. The petitioner cannot be prevented to go abroad because of pendency of the present case, which is taking its own time. It took nearly eight years for the investigating agency to finalise investigation and to file final report before the Special Court. It is not known how many more years it will take for the prosecution to lead evidence in the trial Court. Ultimately, it is not known when the Special Court is going to pronounce its verdict after completion of trial. It would be highly unreasonable if the petitioner’s passport is retained for all these years. Since last ten years, the petitioner’s passport is lying idle in the Court or in the Office of the investigating agency. It is stated that the period mentioned in the passport has expired and that the petitioner has to renew the passport and then, avail the same for going abroad. 4. In the circumstances, the petition is allowed directing return of passport to the petitioner immediately for the purpose of taking steps by the petitioner for its renewal and for going abroad, on condition of the petitioner depositing cash security of Rs.4,00,000/- (Rupees four lakhs only) in the lower Court together with execution of bond for Rs.1,00,000/- (Rupees one lakh only) along with one surety. The lower Court is directed to deposit cash security of Rs.4,00,000/- in any fixed deposit during the said period. Subsequent to return from abroad, the petitioner is entitled to withdraw the cash security amount from the lower Court. The petitioner is granted six (6) months time only and it will not be extended further. _​_________________________ SAMUDRALA GOVINDARAJULU, J 26th April 2010 AMD