Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc No. 516/2025
State Vs. Rajenderan Keezhedath Nair & Ors.
FIR No. 10/2022
P.S. Anti Corruption Branch
03.11.2025
Present: Mr. Vikash Kumar, Ld. Public Prosecutor for State.
Mr. Gireesh Kumar Adv., for the applicant/accused
Rajendran Keezhedath Nair along with the
applicant/accused in person.
HC Ashish has appeared on behalf of the IO Insp.
Pramod Gupta.
HC Ashish has filed the reply to the present
application on behalf of IO Insp. Pramod Gupta. The same is
taken on record. Copy supplied.
2. Heard arguments on application for release of
passport and permission to travel abroad on behalf of the
applicant/accused as well as the State.
3. Ld. Counsel for the applicant/accused submits that
due to inadvertent typographical error, the proposed period of
travel to abroad has been inadvertently mentioned as from
30.10.2025 to 29.10.2025 whereas the same had to be mentioned
as 30.10.2025 to 29.11.2025. He further submits that the since
30.10.2025 has already passed, now the accused/applicant
intends to travel to Russia from 11.11.2025 to 15.12.2025 and
therefore, the period of proposed travel be read as from
11.11.2025 to 15.12.2025.
4. Ld. Counsel for the applicant/accused further
submits that the applicant/accused has to urgently go to Russia to
renew his restaurants’ licences and therefore, the passport of the
Contd...2/-
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applicant/accused may be released and he may be granted
permission to travel to Russia from 11.11.2025 to 15.12.2025.
5. On the other hand, Ld. PP for the State has opposed
the application on the ground that the wife of the
applicant/accused is already in Russia and if he is granted
permission to go abroad, there is apprehension that he may not
return and the same will hamper the further investigation as well
as trial.
6. Ld. Counsel for the applicant/accused submits that
the present application should be allowed because as per Article
21 of the Constitution of India, applicant/accused has a
fundamental right to travel outside India and he is ready to abide
by any condition imposed by this Court.
7. Heard the submissions and perused the record.
8. In Parvin Juneja v Directorate of Enforcement &
Anr., (2023) SCC OnLine Del 4803, while allowing the applicant
to travel abroad, Hon'ble High Court of Delhi stressed on the
right of an accused to travel abroad. It was held that:
“9. The personal liberty of a person has to be balanced
with that of any condition imposed on him by a Court
of law for the purpose of securing his attendance and
attending the proceedings lest he is not available to
face trial. ...”
9. In view of the above judgment as well as the facts
facts and circumstances of the case that the applicant/accused has
to go to Russia to renew his restaurants’ licences, the application
is allowed. The passport of the applicant/accused Rajendran
Contd...3/-
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Keezhedath Nair be released to him today itself. He is directed
to deposit the passport within one week after his return. The
accused/applicant is also granted permission to travel abroad to
Russia from 11.11.2025 to 15.12.2025, subject to the following
conditions:-
(a) That the applicant/accused shall furnish FDR of
Rs.2,00,000/- (Rupees Two Lacs) as security with this Court,
which will remain in the Court till the applicant/accused returns
to India and it will be forfeited in case the applicant/accused does
not return within time or he fails to comply with conditions
imposed by this Court;
(b) That the applicant/accused shall keep his mobile phone (of
which the number will be disclosed before this Court)
operational at all times, during his visit to Russia;
(c) That applicant/accused shall file a detailed itinerary of the
proposed travel within three days from today and he shall also
inform this Court (by affidavit) about his arrival in India, within
7 days of the said arrival; and
(d) That applicant/accused shall not exit immigration at the
transit points.
The application is, accordingly, disposed off.
Copy of this order shall be given dasti to the
applicant/accused as well as IO.
(Dr. Ruchi Aggarwal Asrani)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts
New Delhi/03.11.2025
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