Case Note & Summary
The petitioner, accused No.2 in Crime No.214/2013 registered at Udupi Town Police Station for offences under Sections 406, 468, 471, 420 read with 34 IPC, had his passport seized by the police. He filed an application under Section 451 Cr.P.C. before the Additional Civil Judge and JMFC, Udupi, seeking release of the passport. The Magistrate rejected the application on 19.08.2014, holding that a prima facie case was made out and that if the passport was released, the accused would flee from the court's jurisdiction as he was working in a foreign country. The petitioner then filed a revision petition before the Principal Sessions Judge, Udupi, which was dismissed on 29.11.2014. Aggrieved, the petitioner approached the High Court under Section 482 Cr.P.C. The High Court observed that the passport is property and the court has discretion under Section 451 Cr.P.C. to release it pending trial. The court noted that the right to travel abroad is a fundamental right under Article 21 of the Constitution and that the passport cannot be detained indefinitely. The court held that the Magistrate's order was mechanical and did not consider the possibility of imposing conditions to secure the accused's presence. The High Court allowed the petition, set aside the orders of the lower courts, and directed the release of the passport to the petitioner subject to conditions: the petitioner shall furnish a personal bond of Rs.1,00,000 with one surety, report to the Investigating Officer on the first working day of every month until the trial concludes, and shall not leave the country without prior permission of the trial court. The court clarified that the trial court may impose additional conditions if necessary.
Headnote
A) Criminal Procedure - Release of Passport - Section 451 Cr.P.C. - Passport is property and can be released pending trial - The court held that the Magistrate erred in rejecting the application solely on the ground that the accused would flee, without considering the right to travel and livelihood - Held that passport can be released subject to conditions such as furnishing security and reporting to police (Paras 1-5).
Issue of Consideration
Whether the passport of an accused seized during investigation can be released pending trial under Section 451 Cr.P.C., and what conditions may be imposed to balance the right to travel and the need to secure the accused's presence.
Final Decision
Petition allowed. Orders dated 19.08.2014 and 29.11.2014 set aside. Passport to be released to petitioner subject to conditions: (i) furnish personal bond of Rs.1,00,000 with one surety; (ii) report to Investigating Officer on first working day of every month until trial concludes; (iii) shall not leave country without prior permission of trial court. Trial court may impose additional conditions.
Law Points
- Section 451 Cr.P.C. empowers court to release property pending trial
- passport is property
- right to travel is fundamental
- passport cannot be detained indefinitely
- conditions can be imposed to secure presence
