P John Britto Vs Directorate of Enforcement (Kerala High Court)
The case of P John Britto Vs Directorate of Enforcement before the Kerala High Court pertained to the imposition of bail conditions on accused individuals in a money laundering case. Initially granted bail with restrictions on leaving India, subsequent developments led to a modification of these conditions. This article explores the judgment’s implications, particularly regarding the necessity of prior sanction for international travel.
The judgment addresses the grievances of the petitioners, who contested the requirement of obtaining permission before leaving the country. Notably, the court had previously altered bail conditions for another accused (Accused No.15), removing the necessity of prior sanction. The court observed that neither the initial order nor its modification had been challenged by the respondents, thus establishing a precedent.
In light of this, the court ruled that the petitioners, standing on the same footing as Accused No.15, should benefit from the same conditions. Consequently, the conditions set forth in the modified order pertaining to Accused No.15 were extended to the petitioners. These conditions involved informing the court before leaving India, depositing a specified amount as security, and filing an affidavit regarding legal representation and identity confirmation.
The judgment also nullified the requirement of prior sanction for international travel imposed by the lower court, thereby granting relief to the petitioners. However, the court clarified that its order did not authorize the renewal of the petitioners’ passports. Any such renewal would necessitate appropriate permission from the jurisdictional court, ensuring legal compliance.
