Kerala High Court Allows Section 498A Accused to Travel Abroad for Studies

The Kerala High Court has permitted a man accused under IPC Section 498A (cruelty to a woman by her husband or relatives) to travel to Australia for higher studies. The Court emphasized that since the accused had cooperated with the investigation, he should not be denied the right to pursue his education.

Court’s Observations

Justice Ziyad Rahman AA noted that:

The accused had been cooperating with the investigation since surrendering.
His interrogation was completed, and no further recovery was pending.
The delay in submitting the final report should not prevent him from traveling abroad.

The Court had previously granted him anticipatory bail with conditions, including a requirement to appear before the investigating officer every Saturday and a restriction on leaving the country without permission.

Permission Granted with Conditions

The accused had sought permission from the magistrate court to travel to Australia for his master’s degree at the Royal Melbourne Institute of Technology. After being denied permission, he moved the High Court.

Considering his cooperation and the removal of the mandatory weekly appearance condition, the High Court granted him permission to travel abroad with certain conditions:

He must execute a bond.
He must submit an undertaking to return when required.
He must provide his contact details in Australia.

Final Ruling

The High Court ruled that the accused’s right to education should not be denied merely due to procedural delays in filing the final report. This judgment highlights the balance between legal proceedings and individual rights.

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