The Kerala High Court has allowed a man accused of committing offences punishable under the Indian Penal Code’s Section 498 A (cruelty to woman by husband or relatives) to leave for Australia to pursue higher studies, despite the fact that the police had not filed the final report in the case. The court pointed out that the person has cooperated with the investigation and hence 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," read the order of the Court.
Incidentally this relief came when the High Court had earlier granted the man anticipatory bail in the same case, but asked him to appear before the investigating officer every Saturday till the final report is filed. He was also not allowed to leave the country without getting permission from the jurisdictional court.
Later the man approached a lower court asking permission to go to Australia to pursue his master's degree at the Royal Melbourne Institute of Technology University, but it was turned down, forcing him to move the High Court. The High Court, after looking into the case and the way he has been cooperating with the investigation, granted him permission to go abroad on condition that he will execute a bond, and a submission that he will return as and when required.
He was also asked to give his contact address while in Australia.