A petition for exemption under Sec. 205 Cr.P.C. is not maintainable during the active investigation of a case.

O R D E R

The petitioner is the 4th accused in Crime No. 336/2023 of Varkala Police Station, Thiruvananthapuram. The above case is registered alleging offences punishable under Secs. 143, 147, 148, 294(b), 341, 323, 324, 308 r/w Sec.149 IPC . He was granted pre-arrest bail by the lower court as per Annexure-B order. As per condition No. 6 in Annexure-B order, the petitioner was refrained from leaving the State of Kerala without prior permission. The petitioner filed an application under Sec. 205 Cr.P.C. for exemption before the Magistrate Court. That was dismissed as per Annexure-C order. The petitioner also approached the Sessions Court with the same prayer and that was also dismissed as per Annexure-D order.

2. After going through Annexures-C and D orders, I am of the considered opinion that what the lower court said is correct. An application under Sec. 205 Cr.P.C. is not maintainable when the case is under investigation. Now, the petitioner submitted that the final report is filed before the court concerned. If that is the case, the petitioner can file a fresh petition and if such a petition is filed, there can be a direction to consider the application.

Therefore, this Crl.M.C. is disposed of with the following directions :

1) The petitioner is free to submit an application for getting permission to go abroad for a limited period within two weeks from the date of receipt of a certified copy of this order.

2) Once such an application is received, the learned Magistrate will consider the same and pass appropriate orders in it after giving an opportunity of hearing to the petitioner and Prosecutor concerned as expeditiously as possible, at any rate, within two weeks from the date of receipt of the application.