Case Note & Summary
The petitioner, D. Sathishkumar, is the accused in a case registered under Sections 494 and 498A of the Indian Penal Code (IPC) based on a complaint by his wife, S. Vasanthi (the de facto complainant). The complaint was initially registered as Crime No. 364 of 2022 at Vazhappadi Police Station. Due to ineffective investigation, the de facto complainant filed Crl.O.P. No. 15031 of 2025 seeking transfer of investigation, and the High Court transferred the investigation to the CBCID, Salem, on 12.08.2024. The complaint was re-registered as Crime No. 2 of 2025 on 08.02.2025. After investigation, a final report was filed on 29.07.2025 before the Judicial Magistrate No. 4, Salem, and taken on file as C.C. No. 1170 of 2025 under Sections 494 and 498A IPC. The petitioner was absconding and staying abroad, leading to the issuance of a Blue Corner Notice and Lookout Circular. He was deported to India and arrested on 25.03.2025 at Bombay Airport, then remanded to judicial custody. He was later enlarged on bail with conditions. The petitioner filed an application (Crl.M.P. No. 2566 of 2025) seeking permission to resume his duty in Libya. The learned Magistrate dismissed the application on 19.01.2026 on the ground that the petitioner had not disclosed the statutory basis for maintainability and that the application was a replication of an earlier application (Crl.M.P. No. 3863 of 2025). Aggrieved, the petitioner filed the present Criminal Revision Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The High Court heard the parties. The petitioner argued that he had a job in Libya and needed to travel to support his family, and that his right to livelihood under Article 21 of the Constitution should be considered. The respondents opposed, citing the seriousness of the allegations and the risk of absconding. The court analyzed the issue, noting that the petitioner had already been granted bail and that the conditions of bail could be modified under Section 528 BNSS. The court held that the right to livelihood is a facet of Article 21 and must be balanced with the need to secure the accused's presence. The court allowed the revision petition, set aside the impugned order, and permitted the petitioner to travel to Libya subject to conditions: (i) the petitioner shall surrender his passport before the trial court and obtain it back for travel; (ii) he shall furnish a surety of Rs. 1,00,000 to the satisfaction of the trial court; (iii) he shall report to the Indian Embassy in Libya once a month; (iv) he shall return to India within six months or as directed by the trial court; and (v) he shall not tamper with evidence or influence witnesses.
Headnote
A) Criminal Procedure - Bail Conditions - Travel Abroad - Right to Livelihood - The court considered whether an accused can be permitted to travel abroad for employment pending trial. The court held that the right to livelihood under Article 21 of the Constitution must be balanced with the need to secure the presence of the accused. The court allowed the petitioner to travel to Libya subject to conditions including furnishing a surety of Rs. 1,00,000 and reporting to the Indian Embassy in Libya once a month. (Paras 4-6) B) Criminal Procedure - Maintainability of Application - Section 528 BNSS - The court held that the application for permission to travel abroad is maintainable under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which empowers the court to modify bail conditions. The impugned order dismissing the application on the ground of lack of statutory backup was set aside. (Paras 4-5)
Issue of Consideration
Whether the petitioner, an accused in a case under Sections 494 and 498A IPC, can be permitted to travel abroad to resume his employment in Libya, and whether the impugned order dismissing his application for such permission is sustainable.
Final Decision
The Criminal Revision Case is allowed. The impugned order dated 19.01.2026 in Crl.MP.No.2566/2025 is set aside. The petitioner is permitted to travel to Libya subject to conditions: (i) surrender passport and obtain it back for travel; (ii) furnish surety of Rs. 1,00,000; (iii) report to Indian Embassy in Libya once a month; (iv) return to India within six months or as directed; (v) not tamper with evidence or influence witnesses.
Law Points
- Right to livelihood
- Article 21 of the Constitution
- Bail conditions
- Travel abroad
- Section 528 BNSS
- Section 494 IPC
- Section 498A IPC
