In a case presently under Section 498A of the Indian Penal Code, where the finalization of the police report is pending, the Kerala High Court, in its legal disposition on Thursday, granted the accused permission to pursue higher education in Australia.
“…it is evident that, since the date of the surrender, he has been cooperating with the investigation and interrogation of the petitioner is already over. Apparently, no recovery is also to be affected. Therefore, I am of the view that, merely because the police have not submitted the final report, he need not be deprived of his right to go abroad to pursue his studies,” the Single Judge Bench of Justice Ziyad Rahman A.A. observed.
The petitioner, previously granted anticipatory bail by the court, was subject to specific conditions, including the obligation to surrender to the investigating officer within three weeks and maintain weekly contact with said officer until the conclusion of the investigation. Additionally, the petitioner was prohibited from exiting the country without prior court authorization, as stipulated in condition (viii).
Subsequently, the petitioner petitioned the Magistrate Court for permission to pursue academic endeavours in Australia, specifically at the Royal Melbourne Institute of Technology. This request was founded on their prior application for anticipatory bail, submitted during their visit to India for spinal cord surgery. However, the Magistrate Court denied the request, citing concerns about compliance with condition (iv) of the anticipatory bail order, prompting the petitioner to escalate the matter to the High Court.
In the ensuing legal proceedings, the High Court acknowledged the removal of condition (iv) and its inapplicability to the present case. The Court also took note of the petitioner’s proactive cooperation with the ongoing investigation, notwithstanding the absence of substantive findings. In consideration of these factors, the Court decreed that the petitioner should be permitted to pursue their studies in Australia, without undue hindrance solely on the grounds of the pending police final report.
