Kerala High Court:’Liberty to Move’ cannot be Restrained Indefinitely

Kerala high court law insider)

Aishwarya Rathore-

Former PWD Minister V.K Ebrahim Kunju’s bail condition, that he could not leave the Ernakulam district’s jurisdictional limits has been revoked by the Kerala High Court.

Former PWD Minister V.K Ebrahim Kunju’s bail condition, that he could not leave the Ernakulam district’s jurisdictional limits has been revoked by the Kerala High Court.

While granting the petition, Justice P.V. Kunhikrishnan noted that “A person’s liberty to move cannot be restrained indefinitely by any bail condition.”

The Court stated orally that while an accused may be prohibited from leaving the country, the investigative team cannot prevent him from moving inside the State. 

The bail restriction prohibiting him from leaving the jurisdictional district of Ernakulam was relaxed by the Bench on the aforementioned grounds.

Also Read: SC: Liberty is important but court must consider potential threat to witness, victims while granting bail

The petitioner had addressed the Court earlier this month. He requested that the bail conditions imposed on him in the Palarivattom Flyover scam be relaxed. 

He has been in detention for the past seven months after being accused of causing irregularities in the construction of a flyover in Palarivattom. According to the Order granting him bail in the matter, condition number 6 was imposed. According to it, he was not permitted to leave his district. 

The Public Prosecutor said that the investigation was nearly finished and that only the factual report needed to be sanctioned. She proposed that the petitioner was a powerful figure and might not be allowed to enter the Thiruvananthapuram district.

It was also observed that the petitioner had obediently followed the order, for the previous six months. Furthermore, there was no dispute regarding this on behalf of the Public Prosecutor. 

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