2011 CRI. L. J. 4856 ::(2011) 4 CurCriR 235 ::2011 (3) RecCriR 708 ::2011 (3) Crimes 174 ::2011 (3) Ker LT 117 ::2011 (3) Ker LJ 183

Kerala High Court

Hon'ble Judge(s): Thomas P. Joseph , J

Passports Act (15 of 1967) , S.10— Constitution of India , Art.21— Criminal P.C. (2 of 1974) , S.437— Impounding of passport - As condition for grant of bail - Permissibility - Non-bailable offences of cheating and forgery - Power granted under Code to impose conditions including restriction on movement while granting bail in non-bailable offence - Can be taken as procedure established by law as stated in Art.21 - Imposing condition to surrender passport in Court while granting bail by criminal Court permissible. 2009 (1) KLD 825 (Chh.), Dissented from. When person is made to surrender his passport, it curtails his right of movement beyond country. Expression "personal liberty" is of widest amplitude and it covers variety of rights which go to constitute personal liberty of man. Power to impound passport is given to passport authority under Passports Act. Even after enactment of Act in view of Article 21 of Constitution right to travel abroad is encompassed in right to personal liberty which cannot be deprived except according to procedure established by law. Right to travel abroad could be deprived by procedure established by law. Sec. 437 (3) of Code required and enabled criminal Court while releasing person accused or suspected of commission of non-bailable offence to impose condition that such person shall attend in accordance with conditi....