The right to travel abroad is protected under Article 21, and courts must avoid imposing onerous bail conditions.

ORDER

The petitioner is the 4^th accused in S.C.No.1983/2024 on the file of the Court of the Additional Sessions Judge-IV, Thiruvananthapuram, (Trial Court) which has originated from Crime No.556/2011 registered by the Pallickal Police Station, Thiruvananthapuram. By Annexure A order, the Trial Court granted permission to the petitioner to go abroad and exempted his personal appearance subject to five conditions. As per condition No.1; the petitioner is directed to execute a bond for Rs.2,00,000/-, with two solvent sureties, one of whom shall be a near relative and that the sureties should produce their original title deeds to prove their solvency. As per Condition No.5; the petitioner is also directed to deposit Rs.50,000/- as security within a period 15 days. Conditions Nos. 1 and 5 in Annexure A order is onerous and unjustifiable.

Hence, the Crl.M.C.

2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. It is well settled that the Courts shall not impose onerous conditions while enlarging an accused on bail. Likewise, it is trite that the right to travel abroad is an integral part of Article 21 of the Constitution of India.

4. In the case at hand, the Trial Court has granted permission to the petitioner to travel abroad has granted him permanent exemption, subject to the above mentioned conditions. However, the conditions that one of the sureties shall be a relative, the sureties have to produce the title deeds of the properties and that the petitioner has to deposit Rs.50,000/-, for the petitioner to travel abroad, is onerous. It is for the petitioner to produce the solvent sureties of his choice, who in turn are only to produce the tax receipts of the properties, instead of the title deeds. Likewise, the condition that the petitioner should deposit Rs.50,000/-

is also onerous.

In the aforesaid circumstances, I allow the Crl.M.C., by modifying condition No.1 in Annexure A order, by directing the petitioner to execute a bond for Rs.2,00,000/-, to the satisfaction of the Trial Court, with two solvent sureties of his choice, who in turn shall produce the land tax receipts of their properties, and setting aside condition No.5 in Annexure A.

Sd/-

C.S.DIAS, JUDGE SCB.06.01.26.

APPENDIX OF CRL.MC NO. 11720 OF 2025 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE ORDER DATED 25- 09-