An accused may be permitted to travel abroad for employment after the charge sheet is filed, provided they undertake to participate in trial proceedings via electronic audio-video linkage as per applicable rules.

CRIME NO.139/2025 OF Punnapra Police Station, Alappuzha

AGAINST THE ORDER DATED 14.11.2025 IN CRMP 3130/2025 IN CRMC NO.212 OF 2025 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, ALAPPUZHA

PETITIONER/PETITIONER/ACCUSED NO.8:

HARI , AGED 20 YEARS

S/O JAYACHANDRAN,KATTUNGAL, PARAVOOR, PUNNAPRA P.O, ALAPPUZHA DISTRICT, PIN - 688014

RESPONDENTS/RESPONDENTS/DEFACTO COMPLAINANT:

1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031

2 THE CIRCLE INSPECTOR OF POLICE , PUNNAPRA POLICE STATION,ALAPPUZHA DISTRICT, PIN – 688014

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS,J.

Crl. M.C.No. 11155 of 2025

Dated this the 18th day of September, 2026

O R D E R

The petitioner is the 8th accused in Crime No.139 of 2025 registered by the Punnapra Police Station, Alappuzha, alleging the commission of the offences punishable under Sections 296(b), 115(2), 118(1), 351(2) and 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

It is the petitioner's case that, by Annexure-B order passed by the Court of Session, Alappuzha ('Bail Court', for short), the petitioner was granted an order of pre-arrest bail, subject to conditions. As per condition No. (vi) in the said order, the petitioner was directed to surrender his passport before the jurisdictional Magistrate. Consequently, the petitioner surrendered his passport. Since the investigation in the case was completed and the final report was filed, the petitioner filed an application seeking modification of condition No. (vi) and for return of his passport. However, by the impugned Annexure-F order, the Bail Court dismissed the application on the ground that there is no material to substantiate the petitioner's purpose of travel. Annexure-F order is unreasonable and unjustifiable. The petitioner is ready and willing to abide by any stringent condition that may be imposed by this Court. Likewise, Annexure-G e-visa would reveal that the petitioner has got an opportunity to go to UAE between 12.08.2026 and 10.10.2026 and he has also taken a travel insurance certificate. Therefore, Annexure-F order and condition No.(vi) in Annexure-B order may be set aside.

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

Annexure-B order of pre-arrest bail was passed in favour of the petitioner as early as on 01.03.2025. Annexure-F order reveals that the investigation in the case is complete and the charge sheet has been filed on 05.05.2025. There is no likelihood of the trial in the case commencing in the near future. Therefore, I do not find any legal impediment in permitting the petitioner to travel abroad for the purpose of pursuing an employment.

In Abhil C.R. v. State of Kerala [2025 KHCOnLine 1650], Satheesan v. State of Kerala [2025 KHC 2154] and Rameshan v. State of Kerala [2025 (6) KHC 545], this Court has succinctly held that an accused person can very well avail the electronic video linkage facility, to record the plea, participate in the trial and to record the statement under Section 351 of the BNSS, corresponding to Section 313 Cr.P.C.

Taking into consideration the peculiar facts and circumstances of the case, especially the fact that the investigation in the case is complete and the charge sheet has been filed, and there is no likelihood of the trial in the case commencing in the near future, I am of the view that petition can be allowed by permitting the petitioner to travel abroad, subject to the condition that the petitioner files applications before the jurisdictional court seeking exemption from his personal attendance, permission to record his plea and participate in all further proceedings through the electronic audio video linkage as provided under the Electronic Audio Video Linkage Rules (Kerala), 2025 ('Rules', in short).

In the aforesaid circumstances, I allow the Crl.M.C. in the following manner:

1. Annexure-F or