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Kerala High Court Permits Section 498A Accused to Study Abroad

Kerala High Court Permits Section 498A Accused to Study Abroad

On October 12th, the Kerala High Court allowed a man accused of committing an offense under IPC Section 498A (cruelty to woman by husband or his relatives) to travel to Australia for higher studies.

Justice Ziyad Rahman AA observed that the accused had cooperated with the investigation so far. The judge opined that he should not be denied the opportunity to study abroad just because the final investigation report has not yet been filed.

“It is evident that since the date of surrender, he has been cooperating with the investigation, and the interrogation is already over. Apparently, no recovery is also to be effected. 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,” stated the Court’s order.

Earlier, the High Court had granted anticipatory bail to the accused with conditions, including appearing before the investigating officer every Saturday until the final report is filed. Additionally, he was not allowed to leave the country without permission from the jurisdictional court.

The accused later requested permission from the magistrate court to travel to Australia for a master’s degree at the Royal Melbourne Institute of Technology (RMIT). However, the magistrate court denied his request, leading him to petition the High Court.

The High Court noted that the condition requiring him to appear before the investigating officer every Saturday had been removed. This removal posed no obstacle to granting him permission to study abroad.

Considering his cooperation with the investigation, the Court granted permission with conditions such as executing a bond, submitting undertakings to return as required, and providing his contact details in Australia.

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