IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION NO: 671 OF 2021

Between:

Gummadi Suresh,, S/o. Dinakara Rao,.

AND

Petitioner/Accused No.2

The State of Andhra Pradesh,, through the Station House Officer, Thulluru Police Station, Guntur District Represented by the Public Prosecutor, High Court of A.P., at Amaravati.

Respondent/Complainant

Petition under Section 439 (1) of Cr.P.C, $\mathcal{R}_{lw}$ 462 cr.p.c.<br>stated in the result. the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to to relax the condition No.3 i.e., The petitioner/A2 shall not leave the State of A.P. without prior permission of this court and petitioner shall cooperate to the police for smooth further investigation if any', imposed at the time of granting Bail in Crl.M.P. No. 898 of 2020 by the Hon'ble IV Additional Sessions Judge -cum- Special Judge for trial of cases under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Guntur.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Ginjupalli Subba Rao Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following.

ORDER

HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Criminal Petition No.671 of 2021

ORDER:

This Criminal Petition under Section 439(1) Cr.P.C. is filed seeking relaxation of condition No.3 of the order, dated 29.07.2020, passed in Crl.M.P.No.898 of 2020 by the IV Additional Sessions Judge-cum-Special Judge for trial of cases under the S.Cs. and the S.Ts. (POA) Act, Guntur, at the time of granting bail.

The petitioner is accused No.2 in Crime No.204 of 2020 2. of Thulluru Police Station. He was ordered to be enlarged on bail in Crl.M.P.No.898 of 2020 by the IV Additional Sessions Judge-cum-Special Judge for trial of cases under the S.Cs. and the S.Ts. (POA) Act, Guntur, on condition that he shall not leave the State of Andhra Pradesh without prior permission of the said Court and on further condition that he shall cooperate with the Police for smooth investigation. Apart from the said condition, several other conditions are also imposed. However, the petitioner is now aggrieved by the 3^rd condition directing him not to leave the State of Andhra Pradesh.

Public Prosecutor $\overline{for}$ the 3. Additional Learned respondent-State filed counter-affidavit of the respondent, wherein it is stated that if the said condition is relaxed, the petitioner may also leave the country.

4. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.

$\overline{2}$

Learned counsel for the petitioner would submit that 5. the petitioner is a businessman and in connection with his business activities, he has to move to other States and thereby sought for relaxation of the said condition.

Prosecutor for 6. Learned Additional Public the respondent-State opposed the petition. He would submit that the investigation is at the crucial stage and the presence of the petitioner is essential in connection with the investigation, particularly, to identify certain crucial documents.

$7.$ The aforesaid condition was imposed long back on 29.07.2020, about more than six months back. There is considerable progress in the investigation. Considering the said fact and having regard to the fact that the petitioner is a businessman and that he has to go to other States in connection with his business activities, this Court is of the considered view that the aforesaid condition directing the petitioner not to leave the State of Andhra Pradesh is hereby relaxed, while maintaining the other portion of the condition that he shall cooperate with the police for smooth investigation.

Therefore, the Criminal Petition is allowed relaxing the 8. aforesaid condition of directing the petitioner not to leave the State of Andhra Pradesh. However, the petitioner shall make himself available to the Investigating Officer as and when required to cooperate for investigation in this matter.

$\mathfrak{3}$

//TRUE COPY//

Sd/-K.TataRao

ASSISTANT REGISTRAR

TRAR

SECTION OFFICER

$To$

1. The IV Additional Sessions Judge-cum-Special Judge for trial of cases under the SCs And STs (POA) Act, Guntur.<br>2. The Station House Officer, Thulluru Police Station, Guntur District

2. Two CC to Public Prosecutor, High Court of A.P. at Amaravati

3. One CC to Ginjupalli Subba Rao Advocate [OPUC]

$\mathsf{T}\mathsf{V}\mathsf{R}$

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HIGH COURT

CMRJ

DATED:25/02/2021

ORDER

CRLP.No.671 of 2021

ALLOWED