Bail conditions should not infringe upon the accused's liberty if there is no evidence of the risk of flight, promoting a balance between trial participation and freedom of movement.

CRL.M.A. 37402/2024 MODIFICATION OF ORDER BAIL CONDITIONS

1. The present application has been moved seeking the modification of bail conditions, wherein the applicant needs to seek prior permission from the trial court for travelling abroad imposed vide order dated 23.03.2018.

Brief facts:

2. The present case arises from FIR RC 220 2017 E 0011 dated 15.05.2017 registered by the CBI against M/s INX Media Pvt. Ltd., its directors Indrani and Peter Mukerjea, Karti P. Chidambaram, M/s Chess Management Services Pvt. Ltd., M/s Advantage Strategic Consulting Pvt. Ltd., certain officials of the Ministry of Finance, and others for offences under Sections 120-B/420 IPC and Sections 8 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 , alleging receipt of excess FDI beyond FIPB approval and unauthorized downstream investment. Investigation revealed a criminal conspiracy involving P. Chidambaram, then Finance Minister, his son Karti P. Chidambaram, and others to regularize such irregular investments, causing undue benefit to the companies and loss to the exchequer. A charge sheet was filed on 17.10.2019 against multiple accused while keeping investigation open under Section 173(8) Cr.P.C., and cognizance was taken on 21.10.2019. Letters were issued to six foreign jurisdictions, with replies received from three. The petitioner was arrested on 28.02.2018, granted regular bail on 23.03.2018 by this court with conditions including prior permission for foreign travel and surrender of his passport. Besides the present case, the petitioner is also facing prosecution in other CBI cases, namely RC 220 2022 E 0006 and RC 220 2025 E 0001, as well as the Aircel-Maxis case. An application has been moved by the applicant now seeking the modification of the condition no. (i) “The petitioner shall not leave India without prior permission of the Trial Court; he shall deposit his passport with the Trial Court, if not deposited so far.” in the judgement dated 23.03.2018 vide which the applicant was granted regular bail by a co-ordinate bench of this court.

Submissions of the Applicant:

3. Mr. Luthra, learned senior counsel appearing for the applicant submitted that the instant application has been preferred seeking modification of the bail condition imposed vide order dated 23.03.2018 by this court while granting the applicant regular bail, which presently requires the applicant to obtain prior permission of the Trial Court before travelling abroad. It is submitted that the applicant, being engaged in extensive professional commitments relating to the sport of tennis through his company M/s Totus Tennis Ltd. in the United Kingdom, is required to travel frequently for business meetings, tournaments, and other administrative matters. It is further submitted that the applicant’s daughter is pursuing her Ph.D. at the University of Oxford, necessitating his occasional visits to the United Kingdom for personal reasons as well. Owing to the repeated requirement of seeking permission for each trip and delays in adjudication thereof, the applicant’s professional and personal engagements stand seriously disrupted. In all the cases that the applicant is required in, the investigation qua the applicant is over.

4. It was further submitted that the applicant has an impeccable record of compliance with all conditions imposed during previous permissions to travel abroad and has never violated any term or failed to return within the stipulated timeframe. It was further pointed out that despite numerous travels permitted by various courts, including the Supreme Court, t