Kerala High Court Lets Man Accused Under Section 498A Go to Australia for Studies
On October 12, the Kerala High Court allowed a man accused under Section 498A of the Indian Penal Code (which deals with cruelty to a woman by her husband or his family) to travel to Australia for his higher studies.
Justice Ziyad Rahman AA made the decision, noting that the man had been cooperating well with the investigation and had already completed his interrogation. The judge said that the man should not be denied the chance to study abroad just because the police had not yet filed their final report.
“The petitioner has been cooperating with the investigation since his surrender. No further recovery is pending, so there is no reason to stop him from pursuing his studies abroad,” the Court stated.
Earlier, the High Court had granted him anticipatory bail, with conditions like:
- Appearing before the investigating officer every Saturday until the final report was submitted.
- Not leaving India without permission from the local court.
Later, the accused asked the magistrate court for permission to study at the Royal Melbourne Institute of Technology (RMIT) in Australia for his master’s degree. However, the magistrate court rejected his request, prompting him to move the High Court.
The High Court observed that the condition to appear every Saturday had already been removed, and this should not stop him from going abroad.
Recognizing that the accused had followed all legal requirements, the High Court allowed him to leave the country with some conditions:
- He must sign a bond.
- He should give an undertaking to return when required.
- He must provide his contact details in Australia.
This decision was made in the case titled Ashiq Sulthan v State of Kerala.
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