THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2298 OF 2010 DATED 21ST DECEMBER, 2010. BETWEEN : Gunda Shekar ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2298 OF 2010 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-accused against the order, dated 29.11.2010, passed in Crl.M.P.No.1160 of 2010 in C.C.No.397 of 2010 by the Judicial Magistrate of First Class, Mahabubabad, whereby the learned Magistrate dismissed the application filed by the petitioner under Section 451 Cr.P.C. Heard. Petitioner approached the trial Court seeking return of his passport and Visa in order to visit United States of America and now he become a Green Card holder and it is necessary for him to report back to United States of America within a period of six months from 09.08.2010 to continue as a permanent citizen in United States of America. The learned Magistrate dismissed the application on the ground that while granting bail a condition was imposed on the petitioner not to leave the Country without the permission of the trial Court. The learned counsel for the petitioner submitted that already a sum of Rs.50 lakhs is deposited in the name of the elders and the de facto complainant, who is the wife of the petitioner, is none other than the daughter of petitioner’s sister. He further submitted that the petitioner is ready to return to India on or before December, 2011, and further submitted that the petitioner is ready to be represented before the trial Court through a Pleader and to co-operate with the trial. In the above facts and circumstances, this Court is of the view that no prejudice will be caused to the Prosecution if the petitioner is allowed to get back the passport and Visa deposited in the Court. Accordingly, the trial Court is directed to return the passport and Visa of the petitioner on condition of his depositing a sum of Rs.2 lakhs to the credit of C.C.No.397 of 2010 on the file of the Judicial Magistrate of First Class, Mahabubabad. However, the petitioner shall return to India on or before 20.12.2011 and in the meanwhile the petitioner is directed to be represented through his counsel and co-operate with the trial. With above observation, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 21.12.2010 sur