Court can permit travel abroad during pending cases if conditions are met, balancing personal circumstances with legal obligations.

ORDER

The petitioner is the 1^st accused in Crime No.159/2025 registered by the Thenmala Police Station, Kollam, alleging the commission of the offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code .

2. By Annexure -I order, this Court granted the petitioner an order of pre- arrest bail, but subject to the condition that he shall not leave India without the permission of the Jurisdictional Court. Since, the petitioner’s daughter’s engagement is fixed on 01.12.2025 in Sharjah, UAE, he filed Annexure -V petition before the Jurisdictional Court, seeking permission to travel abroad for a period of three months to attend the engagement ceremony of his daughter. However, by Annexure-VI order, the Jurisdictional Court has dismissed the application on the ground that there were no verifiable details as to where the petitioner intends to travel, stay and the specific dates of the function. Annexure - VI order is unreasonable and wrong. Annexure- II is the invitation card, Annexure III is the petitioner’s flight ticket and Annexure IV is his tourist visa. If the petitioner is not permitted to travel abroad to attend his daughter’s engagement, it will cause severe mental agony and hardship to him. Sometimes the alliance itself may not happen. Therefore, this Court may permit the petitioner to travel abroad, subject to any condition that may be imposed by this Court.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. Annexure-I order was passed on 10.06.2025.

It is an undisputed facts that the petitioner has been scrupulously complying with conditions Nos. (a) to (e) in Annexure -I order. Annexures -II invitation shows that the petitioner’s daughter’s engagement is fixed in Sharjah on 01.12.2025. He has already booked Annexure -III flight ticket to travel to Sharjah on 01.12.2025. Annexure -IV is his tourist visa.

5. Taking into consideration the peculiar facts and the circumstances of the case and further that the investigation in the case, so far as the petitioner is concerned is practically complete, I am of the definite view that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita . In the aforesaid circumstances, I set aside Annexure -VI order and permit the petitioner to travel to Sharjah for a period of one month, subject to the condition that the petitioner files an undertaking before the Trial Court that he would return within the prescribed time period and also co-operate with the investigation , if his presence is further required. The petitioner shall continue to comply with the conditions Nos. (a) to (e) in Annexure -I order, until it is modified.