A petitioner must first seek modification of bail conditions from the court of original jurisdiction before invoking the High Court's inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

O R D E R

Dated this the 16 th day of June, 2026

The petitioner is the accused in Crime No.248/2026 registered by the Iritty Police Station alleging the commission of the offences punishable under Sections 23 , 24 and 8 of the Immigration and Foreigners Act, 2025.

2. By Annexure A1 order, the Court of the Judicial First Class Magistrate, Mattannur had enlarged the petitioner on bail subject to conditions. The petitioner states that the impugned conditions directing his confinement at the transit home is violative of the petitioner’s fundamental right guaranteed under Article 21 of the Constitution of India. Therefore, this Court may set aside the conditions imposed in Annexure A1 order.

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

4. Annexure A1 order was passed on 06.05.2026. The petitioner is aggrieved by the conditions imposed in Annexure A1 order. Admittedly, the petitioner has not moved the above court seeking modification/deletion of the said conditions. It is without moving the said court, the petitioner has rushed to this Court and filed this Crl.M.C. This according to me, is improper and unwarranted.

In the aforesaid circumstances, I dispose of the Crl.M.C. by permitting the petitioner to move the above court seeking modification of the conditions in Annexure A1 order.