IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10607 OF 2009 BETWEEN: Ghulam Mustafa @ Imran S/o. Ghulam Ahmed Sayeed …. Petitioner AND State of A.P., rep.by its Public Prosecutor, High Court of A.p., Hyderabad, through The S.H.O., W.P.S., CCS, Hyderabad. …. Respondent THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10607 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Ghulam Mustafa @ Imran – accused No.1 seeking release of his passport bearing No.F-1011751, which was kept in the custody of the Court of the XIII Additional Chief Metropolitan Magistrate, Hyderabad in C.C. No.323 of 2009. 2. Heard. 3. The offence alleged against the petitioner is under Section 498-A IPC. Petitioner is the husband of the de facto complainant Smt. Tabassum Sadath. While releasing the petitioner on bail vide order dated 30-11-2009 in Criminal M.P.No.5011 of 2009 in C.C. No.323 of 2009, the learned XIII Additional Chief Metropolitan Magistrate, Mahila Court, Hyderabad, has put a condition that he shall not leave India without permission of the Court. 4. The learned counsel for the petitioner contends that this Court granted stay of all further proceedings vide order dated 19-11- 2009 in Crl. M.P. No.8554 of 2009 in Criminal Petition No.8854 of 2009, against the other accused in the same case, as such, there is no likelihood of trial being taken up in the near future. He further contends that the petitioner is employed in Dubai and in case he fails to attend his job at Dubai, he would lose his job; therefore, he may be permitted to go to Dubai to attend his job. 5. Considering the facts and circumstances of the case, it is directed that the petitioner shall deposit an amount of Rs.4,00,000/- (Rupees four lakhs only) in the trial Court, and on such deposit, his passport shall be returned to him. It is further directed that the amount so deposited by the petitioner shall be kept in a fixed deposit and if the petitioner fails to appear before the trial Court as and when required, the amount shall be forfeited and paid to the de facto complainant along with the accrued interest and in case, the petitioner appears during trial as and when required, the said amount along with the accrued interest shall be paid back to him. 6. It is also further made clear that presence of the petitioner during trial shall not be insisted and the trial court shall dispense with his presence on an appropriate petition being filed by him. However, the petitioner shall invariably attend the trial Court at the time of framing of charges, his examination under Section 313 Cr.P.C. and judgment. 7. With the above directions, the Criminal Petition is allowed at the admission stage itself. _____________________ December 17, 2009 P. SWAROOP REDDY, J KTL