1. Petition to modify bail condition requiring passport surrender after investigation completed and charge sheet filed. (Para 1 )
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2026 Supreme(Online)(Ker) 65124
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Sumesh – Appellant
Versus
State of Keralam – Respondent
CRL.MC NO. 7785 OF 2026
Advocates:
For the Appellants/Petitioners: R. Rajesh, M. Kiranlal, Manu Ramachandran, Sameer M Nair, Suraj T.N., Harisankar R, Jhancy P. George, Joseph T. Koottakkara
For the Respondents: Zubair Pulikool
For the Appellants/Petitioners: R. Rajesh, M. Kiranlal, Manu Ramachandran, Sameer M Nair, Suraj T.N., Harisankar R, Jhancy P. George, Joseph T. Koottakkara
For the Respondents: Zubair Pulikool
The High Court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct a Committal Court to reconsider an application for modification of bail conditions, given that the investigation was complete and the charge sheet had been filed.
Headnote:(A) Bail Conditions - Modification - When investigation is complete and the charge sheet has been filed, the Committal Court may be directed to consider and dispose of an application for modification of bail conditions, notwithstanding that the conditions were originally imposed by the High Court. (Para 4)
(B) Inherent Powers of High Court - Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The High Court may exercise its inherent powers to set aside an order of the Committal Court and direct the reconsideration of a modification application based on the peculiar facts and circumstances of the case. (Para 4)
Issues: Whether the Committal Court can be directed to consider an application for modification of bail conditions originally imposed by the High Court after the investigation is complete.
Legal Category Hierarchy
Table of Contents
2. Petitioner sought modification of bail condition; Committal Court held it lacked jurisdiction as conditions imposed by High Court. (Para 1 , 3 )
3. Investigation complete and report filed; Committal Court should reconsider modification application despite conditions imposed by High Court. (Para 4 )
4. High Court can direct lower court to modify bail conditions when investigation complete and no reservation of right in original order. (Para 4 )
5. Petition allowed; Committal Court directed to reconsider modification application within two weeks. (Para 4 )
6. Can a Committal Court modify bail conditions imposed by the High Court?
A Committal Court cannot modify bail conditions imposed by the High Court when no such right was reserved in the original bail order. (Para 3 )
7. Under what circumstances can the High Court direct a lower court to modify bail conditions?
The High Court can direct a lower court to modify bail conditions using its inherent powers under Section 528 of BNSS when investigation is complete and charge sheet filed. (Para 4 )
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS, J.
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Crl.M.C. No.7785 of 2026
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Dated this the 01st day of October, 2026
ORDER
The petitioner is the 4th accused in C.P. No.24/2026 on the file of the Court of the Judicial Magistrate of First Class -I, Varkala (Committal Court) which has originated from Crime No.943 of 2025 registered with the Anchuthengu Police Station, Thiruvananthapuram alleging the commission of offences punishable under Section 296(b), 115(2), 118(1), 351(3) and 109(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is the petitioner’s case that he was enlarged on bail by this Court by Annexure A1 order dated 02.12.2025 subject to conditions. As per condition Nos.(b) to (d), he was directed to appear before the Investigating Officer on all Mondays, Wednesdays and Fridays for a period of three months till the final report is filed, he shall not leave the State of Kerala and he shall surrender his passport, respectively. The investigation in this case is complete and the charge sheet has been filed. Although the petitioner has filed an application to modify condition No.(d), the Committal Court dismissed the application on the ground that the bail order was passed by this Court. The impugned order is erroneous and unjustifiable. Hence, this petition.
2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. By Annexure A1 order, this Court had enlarged the petitioner on bail subject to conditions. True, this Court did not reserve any right on the Committal Court to modify the bail conditions. It was in the above circumstances that the Committal Court has dismissed the application on the ground that the conditions have been imposed by this Court.
4. Taking into consideration the peculiar facts and circumstances of the case, especially that the investigation in this case is complete and the report has been filed and the case is pending committal, I am of the view that the Committal Court is to be directed to consider and dispose the application filed by the petitioner for modification of conditions. Hence, I am inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
In the above circumstances, this petition is allowed by setting aside Annexure A3 order and directing the Committal Court to reconsider C.M.P. No.4/2026 in accordance with law, as expeditiously as possible, at any rate, within a period of two weeks from the date of production of a copy of this order, notwithstanding the fact that the case is pending committal.
