Kerala High Court permits Section 498A accused to go abroad for studies

The Kerala High Court on Thursday allowed a man accused of committing the offence punishable under Section 498A (cruelty to woman by husband or his relatives) of the Indian Penal Code to go to Australia to pursue higher studies despite the fact that the police had not filed the final report in the case [Ashiq Sulthan v State of Kerala]. .Justice Ziyad Rahman AA noted that the man had cooperated with the investigation thus far and opined he need not be deprived of his right to go abroad for studies merely because the final report of the investigation has not been filed."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 Court's order stated..The High Court had earlier granted the man anticipatory bail in the matter. Certain conditions were imposed on him including directions to appear before the investigating officer every Saturday till the final report is filed. It was also stipulated that he could not leave the country without getting permission from the jurisdictional court. The accused man subsequently moved the concerned magistrate court seeking permission to go to Australia to pursue his master's degree at the University of Royal Melbourne Institute of Technology.However, he was unsuccessful in getting an order in his favour from the magistrate court prompting the petition before the High Court. .The High Court noted that the condition to appear before the investigating officer every Saturday had already been deleted and therefore, that would be no bar in granting permission to go abroad. Noting his cooperation with the investigation, the Court granted the petitioner-accused permission to go abroad but imposed certain conditions such as executing a bond, submitting undertakings to return as and when required, and furnishing his contact details in Australia. .The petitioner was represented by advocates MR Sarin, Parvathi Krishna, Saumya PS, Lekshmi SR, P Santhoshkumar, Aji S, Anaswara Deepthi VV and Anju Thomas M. Public Prosecutor Jacob E Simon appeared for the State. .[Read Order]