HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10873 of 2011 ORDER: This criminal petition is filed by the petitioner/A-1under Section 482 Cr.P.C with a prayer to relax the condition imposed by the learned Judicial First Class Magistrate, Palakole, West Godavari District, in Crl.M.P.No.3059 of 2011 dated 16.08.2011, and to direct the Magistrate to return the passpost of the petitioner. Heard. On a perusal of the record, it is seen that when the petitioner/A-1 herein was arrested in connection with Crime No.56 of 2011 on the file of Achanta Police Station, West Godavari District, he moved an application being Crl.M.P.No.3059 of 2011, under Section 437 Cr.P.C., before the Judicial First Class Magistrate, Palakole, seeking bail, and the same was allowed vide order dated 16.08.2011, the operative portion of which runs as follows: “..Hence, the petitioner/accused shall be released on bail on his executing a bond for Rs.10,000/- two sureties for the like sum each. Further the petitioner is directed to surrender the passport before this Court and he further directed to appear before the S.H.O., Achanta P.S. on every Tuesday and Friday in between 6 to 7 P.M. till the charge sheet is filed. Hence the petitioner is allowed and bail granted.” Questioning the order dated 16.08.2011, the petitioner filed Crl.M.P.No.1738 of 2011 before the learned Principal Sessions Judge, Eluru, West Godavari District, for relaxation of the condition of depositing the passport. But, the same was dismissed vide order dated 27.09.2011. Hence, the present Criminal Petition. Learned counsel for the petitioner submits that there is no question of the petitioner evading the court proceedings, in case his passport is handed over to him, since his brothers, parents and all his relatives are residents of in and around Rayakuduru village, West Godavari District, and that he, along with his parents and brothers, possess immovable properties at Rayakuduru village. Learned counsel for the petitioner also submits that the petitioner has contract of service with a Company at Kuwait. Learned counsel further submits that the two sureties, who executed surety bonds at the time of releasing the petitioner on bail, are the close relatives of the petitioner and they have executed notarized affidavits to show the petitioner’s bona fides and undertaken to procure the petitioner’s presence before the trial Court as and when required. Considering the facts and circumstances of the case and the submissions of the learned counsel for the petitioner, the condition regarding the direction to surrender the passport of the petitioner before the Court, as directed by the learned Judicial First Class Magistrate, Palakol in Crl.M.P.No.3059 of 2011 in Crime No.56 of 2011, dated 16.08.2011, and as confirmed by the learned Principal Sessions Judge, West Godavari at Eluru, in Crl.M.P.No.1738 of 2011 in Crl.M.P.No.3059 of 2011, dated 27.09.2011, is hereby set aside. The other conditions imposed against the petitioner shall remain unaltered. Accordingly, the Criminal Petition is disposed of. ___________________ JUSTICE RAJA ELANGO Dt.08.11.2011 v v