Legal Question in Criminal Law in India

Foriegn Travel - 498a case

My wife has registered a case against me and my family under sections 498(a), 406 and 34.

I have plans to visit a foriegn country and my anticipatory bail copy does not mention a term/ condition which bars me from travelling overseas. I have submitted solvent sureties and the same have been accepted.

Please advise what is the risk I face in travelling overseas. Will I be stopped at the airport. In the initial period (when I was underground and in the process of obtaining an anticipatory bail) a look-out notice was issued by the police at the airport but now I have been informed by police the same has been withdrawn. How can I confirm the same.

Please advise can i travel abroad. Sometimes my work demand that I go abroad


Asked on 3/09/09, 5:57 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Foriegn Travel - 498a case

It may be better for you to file an application in the court seeking permission to travel abroad; one of the implied conditions of bail may usually be that the accused shall not leave the terrirtorial jurisdiction of the court without perior permission;

even if that may not be condition for bail; that may possibly be a part of the undertaking furnished by you in your bail application.

to avoid any risk, prior permission of the court may be better.

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Answered on 3/09/09, 10:34 am
Pranav Desai PD Legal & Associates

Re: Foriegn Travel - 498a case

I believe it should be ok but as a matter of caution you should take prior permission of the court.

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Answered on 3/09/09, 2:11 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Foriegn Travel - 498a case

I would advise you to take prior permission of the court.

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Answered on 3/13/09, 5:28 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Foriegn Travel - 498a case

you can take permission of the court before going to be on safer side.

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Answered on 3/10/09, 6:55 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Foriegn Travel - 498a case

If you are apprehensive, better to obtain permission of court.

Such permission is generally granted if there is no likelihood of accused absconding and matter is not delayed due to absence of accused.

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Answered on 3/09/09, 6:21 am


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