Pre-arrest bail conditions permit travel on certain terms; Courts maintain authority to adjudicate future travel requests.

ORDER

The petitioner is the accused in C.C.No. 2894/2023 on the file of the Court of the Judicial First Class Magistrate -I, Hosdurg, which has originated from Crime No.280/2018, registered by the Rajapuram Police Station, Kasaragod.

2. The petitioner states that he was granted an order of pre-arrest bail by the Court of Sessions, Kasaragod in the above crime. As per condition No.(iii) in the above order, the petitioner was directed to surrender his passport before the Investigating Officer, which he had done. The petitioner is running a business consultancy in the United Arab Emirates. Earlier, when the petitioner sought to get his passport released, his application was dismissed by the Court of Sessions. The petitioner challenged the said order before this Court. The order was set aside and the petitioner was permitted to travel abroad for a period of one month as per the conditions in Annexure A1 order. The petitioner went abroad and returned back. He has again resurrendered his passport before the Investigating Officer. The petitioner now desires to go abroad for the purpose of his business for a period of 15 days. Accordingly, he filed an application before the Trial Court for permission for return of his passport. However, by Annexure A2 order, the Trial Court has dismissed the application, on the ground that the order of pre-arrest bail was granted by the Court of Sessions. Therefore, the Trial Court does not have the jurisdiction to consider the said application. Annexure A2 order is unreasonable and unjustifiable. Hence, the Crl.M.C.

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

4. The petitioner was granted an order of pre-

arrest bail by the Court of Sessions. Although the petitioner sought for the return of his passport on an earlier occasion, the same was dismissed by the said Court. Nevertheless, by Annexure A1 order, this Court ordered the petitioner’s passport to be returned to him for a period of one month, subject to the conditions to be imposed by the Trial Court, to ensure that the petitioner participates in the trial. Accordingly, the petitioner travelled and returned back to India, and he resurrendered his passport to the Investigating Officer. Now, the petitioner desires to travel abroad again for business purposes.

5. Taking into consideration Annexure A1 order already passed by this Court, I am of the definite view that the petitioner is to be permitted to travel abroad for a period of one month on the same conditions imposed in Annexure A1 order.

Accordingly, I allow the Crl.M.C., in the following manner:

(i) The Court of the Judicial First Class Magistrate -I, Hosdurg, is directed to return the petitioner’s passport to him for a period of one month after imposing appropriate conditions as it thinks fit.

(ii) The petitioner shall also file an affidavit before the Trial Court undertaking to return back to India within one month from the date of receipt of his passport.

(iii) The petitioner shall also file applications before the Trial Court for his permanent exemption and to avail the electronic video linkage as per the Electronic Video Linkage Rules for Court (Kerala) 2021.

(iv) If such applications are also filed, the Trial Court is directed to consider and dispose of the applications in accordance with law.

(v) It is also clarified that, in the future, if the petitioner desires to travel abroad, notwithstanding the fact that the order of pre-arrest bail was passed by the Court of Sessions, the Trial Court is authorised to consider similar applications for releasing of the petitioner’s passport and travelling abroad.

Sd/-