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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BASITH BASHEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 309 OF 2026(FILING NO)
Based on the provided legal document, the key points are as follows:
The petitioner, who is the 5th accused in a criminal case, was initially granted bail with a condition that prohibits leaving the state of Kerala without prior permission of the trial court until the conclusion of the trial (!) (!) .
The petitioner has obtained employment in the United Arab Emirates and has an employment visa, with travel booked for 16.12.2025. The travel is hindered by the existing bail condition, which restricts overseas travel (!) .
The petitioner seeks a modification of the bail condition to permit overseas travel due to the new employment opportunity (!) .
The trial court had scheduled a hearing on the modification application, but it was adjourned to 23.01.2026, pending directions from the High Court (!) .
The High Court, considering the urgency expressed by the petitioner and the fact that the trial court's hearing was scheduled for 23.01.2026, directed the trial court to expedite the hearing and pass an order by 20.01.2026 (!) (!) .
The High Court emphasized the importance of considering the new circumstances and the urgency of the travel for employment purposes when deciding on the bail modification request [judgement_subject].
The court exercised its discretion to facilitate the petitioner’s travel plans and ordered the trial court to hear the application sooner and pass appropriate orders in accordance with law (!) (!) .
The court also directed the registry to communicate this order to the trial court to ensure the application is advanced and decided promptly (!) .
These points encapsulate the court's approach to balancing the petitioner’s employment needs with the legal conditions of bail, emphasizing expedited consideration given the circumstances.
| Table of Content |
|---|
| 1. bail conditions may be modified based on new circumstances. (Para 1 , 2 , 3) |
| 2. court requires trial court to expedite consideration. (Para 5) |
| 3. urgent hearing of bail modification request directed. (Para 6 , 7 , 8) |
C.S.DIAS, J.
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Crl.M.C. No.309 of 2026 (FILING No.)
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Dated this the 19th day of January, 2026 ORDER The petitioner is the 5th accused in SC No.43/2022 on the file of the Court of the Additional Sessions Judge-V, Kottayam (Trial Court), which has originated from Crime No.839/2020 registered by the Manimala Police Station, Kottayam.
2. By Annexure A2 order dated 06.10.2020, the petitioner was enlarged on bail subject to conditions. As per condition No.(4), the petitioner was directed not to leave the State of Kerala without prior permission of the said Court, till the conclusion of the trial.
3. The petitioner states that he has secured an employment in the United Arab Emirates as evidenced by Annexure A3 employment visa. The petitioner has booked his air ticket to Abu Dhabi on 16.12.2025. In view of condition No.(4) in Annexure A2 order, the petitioner is unable to travel abroad. There is no regular sitting in the Trial Court. Therefore, condition No.(4) mentioned above may be modified.
4. When the Crl.M.C. came up for consideration on
15.01.2026, this Court had called for a report from the Trial Court to ascertain the assertions in the Crl.M.C.
5. By communication dated 17.01.2026, the Additional Sessions Judge-V (In-Charge) has reported that the petitioner's application seeking modification of condition No.(4) was posted for hearing on 17.01.2026. However, since it was reported that the present Crl.M.C. is pending consideration, the application has been adjourned to 23.01.2026, awaiting a direction from this Court.
6. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor.
7. The learned Counsel for the petitioner submits that the petitioner proposes to leave to abroad on 22.01.2026. Therefore, urgent orders may be passed in the matter.
8. On a consideration of the facts and materials on record, particularly that a Judge has been already posted in the Trial Court and that the application is posted to 23.01.2026, I direct the Trial Court to advance the application to tomorrow (20.01.2026), hear the same and pass orders on the application in accordance with law.
The Registry is directed to communicate a copy of this order to the Trial Court, so that the application can be advanced to tomorrow (20.01.2026). It would be upto the Counsel for the petitioner to make her submissions before the Trial Court on tomorrow (20.01.2026).
sd/-
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