498a - can i travel abroad when there is no restriction bail

Hi,

As you being accused in this case, your application has to be conveyed to the prosecution to object or argue or submit the say before the court.

Any other helpful and descripttive legal advise? the above expertise is too vague without any legal aid. though i appreciate the edevour.

Any expert?

Please advise?

You being an accused and your case is a state prosecuted case, the assistant public prosecutor will be the advocate o other side who has to give his counter to your petition seeking permission to travel abroad. 

To be very frank, you need not have applied for such permission before court since there is no restriction by court to travel abroad. It is pertinent to appear before the court on all hearing dates, but your advocate can represent you and seek to condone your absence by filing a petition under section 317 cr.p.c. during your absence on the hearing dates. Now by applying for such permission you have got yourself trapped and have compelled the court to restrict your movement because the APP will certainly object to this petition and would request the court to impose restriction.  This will be an embarrassing situation and you have invited troubles for you. 

Now do not rake up this issue by approaching high court because before exhausting the remedies available in the lower court, the high court may not entertain any such application.  If you have already traveled abroad earlier, you can do it now also without anyone's knowledge. But now you need to take care about it since your wife side will be more watchful and vigilant about your movements and shall report adversely to the court to defeat your pending petition. 

Dear Aryan,

                  Most of the reply given by Kalaiselvan is right and i agree to it, But if you travel with out the knowledge of the court it becomes illegal and on the petition of your wife/ prosecution the court may confiscate your passport . But alternatively you can  seek exemption of attendace from the same jurisdictional courts which the courts may permtt for a stipulated period of time.

As per your application pending before the Hon'ble Courts it will be countered by the public prosecutor on beahlf of the complainant and orders will be passed. You need to gain the trust of the court or assure the court that you will co-operate in the trial and that you will not abscond or flee away from India during the pendency of the trial by doing so the court may permit you .

Advocate, High Courts of A.P. & T.S.   

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

 Member, Advocates International,

National Joint Secretary, Christian Legal Assn. Of India

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.

Dear Aryan,

                  Most of the reply given by Kalaiselvan is right and i agree to it, But if you travel with out the knowledge of the court it becomes illegal and on the petition of your wife/ prosecution the court may confiscate your passport . But alternatively you can  seek exemption of attendace from the same jurisdictional courts which the courts may permtt for a stipulated period of time.

As per your application pending before the Hon'ble Courts it will be countered by the public prosecutor on beahlf of the complainant and orders will be passed. You need to gain the trust of the court or assure the court that you will co-operate in the trial and that you will not abscond or flee away from India during the pendency of the trial by doing so the court may permit you .

Advocate, High Courts of A.P. & T.S.   

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

 Member, Advocates International,

National Joint Secretary, Christian Legal Assn. Of India

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.