GAZULA GOVINDA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this Criminal Petition, petitioner is challenging the order dtd. 18/8/2023 in Crl.M.P.No.3201/2023 on the file of XII Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad, in Crime No.39 of 2023 and to pass such other order or orders.

(2.) The petitioner has filed an application under Sec. 451 of Cr.P.C. with a prayer to grant interim custody of the passport bearing No.T6479961 in order to enable the petitioner to go to Australia but the Trial Court has dismissed the application by observing that the petitioner is a permanent resident of Australia and further that the petitioner has not mentioned the purpose for which he intends to visit Australia. Therefore, his presence may not be secured and he may abscond, which would cause hurdles to the progress of the investigation and therefore, it is not a fit case to allow the petition.

(3.) Learned counsel for the petitioner appearing for the petitioner submitted that the petitioner is working in Australia and if the petitioner does not join his job, he may lose his livelihood. It is submitted that the petitioner is ready to furnish any surety/security and he should be permitted to visit Australia. He has also placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Suresh Nanda Vs. CBI, reported in CDJ 2008 SC 161 and also the judgment of High Court of this Court in the case of Y.Usha Gayatri Vs. State of A.P., Women P.S.Visakhapatnam, reported in CDJ 2020 APHC 290, in support of his contentions.