Case Note & Summary
The petitioner, Maria Kuttubudin Lokhandwala, filed a criminal writ petition challenging an order dated 22.08.2019 passed by the learned Special Judge, Sessions Court at Greater Bombay in Special (POCSO) Case No. 592 of 2018. The order allowed applications filed by the original accused, Respondent No. 2 Tayyabali Husain Lokhandwala, seeking permission to travel to the United States for ten months and relaxation of bail conditions. The accused was charged under Sections 354, 354A, 509 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for allegedly sexually harassing the petitioner's two minor daughters aged 14 and 15 years. The accused, a US citizen and brother-in-law of the petitioner, was granted bail earlier with conditions including deposit of his overseas citizen card and passport and attendance at the police station on the first Saturday of every month. The Special Court allowed the applications, directing the accused to deposit cash security of Rs.3,00,000 and to return by 30.06.2020, and ordered return of his passport and overseas citizen card. The petitioner challenged this order, arguing that the accused might flee and not return. The High Court heard arguments from both sides. The court noted that the accused had given an undertaking to return and had roots in the US, and that the Special Court had imposed sufficient conditions to ensure his return. The High Court found no perversity or illegality in the order and dismissed the petition, directing the accused to return by the stipulated date and to attend the police station on the first Saturday of every month after his return.
Headnote
A) Criminal Procedure - Bail Conditions - Relaxation for Travel Abroad - The accused, a US citizen, sought permission to travel to his home country for ten months and relaxation of bail conditions requiring deposit of passport and monthly police attendance - The Special Court allowed the applications on condition of depositing Rs.3,00,000 cash security and furnishing an undertaking to return - The High Court upheld the order, finding no perversity or illegality, and directed the accused to return by 30.06.2020 and attend police station upon return (Paras 1-12).
Issue of Consideration
Whether the Special Court was justified in allowing the accused to travel to the United States for ten months and relaxing bail conditions in a POCSO case
Final Decision
The High Court dismissed the petition, upholding the Special Court's order. The accused is permitted to travel to the USA from 01.09.2019 to 30.06.2020 on condition of depositing Rs.3,00,000 cash security and furnishing an undertaking to return. The accused must return by 30.06.2020 and attend the police station on the first Saturday of every month after his return.
Law Points
- Bail conditions can be relaxed for travel abroad if accused undertakes to return and sufficient security is furnished
- Protection of Children from Sexual Offences Act
- 2012 does not prohibit travel pending trial
- Right to travel is a fundamental right subject to reasonable restrictions
