The Kerala High Court has allowed a man accused under Section 498A of the Indian Penal Code (IPC) to travel to Australia to pursue higher studies. Section 498A relates to cruelty against a woman by her husband or his relatives. The court ruled that the accused’s right to education should not be hindered, especially considering his cooperation with the investigation so far.
On October 12, 2023, Justice Ziyad Rahman AA noted that the man had been cooperative with the investigation since his surrender and had completed all required interrogations. The court found that there was no further recovery or investigation necessary. The court stated, “He need not be deprived of his right to go abroad to pursue his studies merely because the final investigation report has not been filed.”
The man had previously been granted anticipatory bail, which included specific conditions, such as reporting to the investigating officer every Saturday and not leaving the country without permission from the jurisdictional court. The accused later requested permission from the magistrate court to travel to Australia for his master’s program at the University of Royal Melbourne Institute of Technology, but the request was denied.
However, the High Court pointed out that the condition to appear before the investigating officer every Saturday had already been removed. This paved the way for the court to grant him permission to travel abroad.
While allowing him to travel, the court imposed certain conditions to ensure his availability during the ongoing legal proceedings. The accused was required to execute a bond, provide written undertakings to return to India as needed, and furnish his contact details in Australia.
This decision highlights the court’s balance between allowing the accused to pursue education while ensuring compliance with the investigation requirements.
Case Reference: Ashiq Sulthan v. State of Kerala
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