After hearing learned counsel for the parties, in our opinion, the permission sought by the appellant to travel abroad to join as Cyber Security Architect with a company in Belgium should not be denied, merely on account of pendency of the aforesaid case against him. It is not in dispute that the appellant is in India for the last more than one year, still the investigation has not been completed. In case the appellant is not allowed to go abroad to join the service, as has been offered to him, his career prospects may be affected. However, we grant permission to the appellant subject to the following conditions:
(i) The appellant will deposit a sum of ` 5,00,000/- (Rupees five lakhs only) with the Trial Court within two weeks which shall be kept in a fixed deposit in any nationalized bank initially for a period of one year and shall be renewed automatically thereafter, till either the appellant comes back or the trial is over. Specific order of the Trial Court shall be required to release that FDR;
(ii) The appellant shall furnish an undertaking before the Trial Court within two weeks that he will attend each and every hearing of the case, as and when chargesheet, if any, is filed and also attend the hearing personally in case the Court so requires; and
(iii) In case of his failure to comply with the undertaking given by him, the amount of ` 5,00,000/- (Rupees five lakhs only) shall stand forfeited to the State, on passing of order by the Trial Court. {Para 5}
6. The order dated 24th September, 2024 passed by the High Court stands modified to the extent mentioned above.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. ... of 2025
Date of Order: 09.12.2025
A.Mohammed Zaheer Vs. The State Rep . By The Inspector Of Police and Ors.
Hon'ble Judges/Coram:
Rajesh Bindal and Manmohan, JJ.
1. Leave granted.
2. The appellant who is an accused in FIR No.6 of 2024 dated 15th March, 2024 registered at Police Station AWPS Vellore, District Vellore, Tamil Nadu, under Sections 498A, 406 Indian Penal Code (IPC) and Section 4 of Tamil Nadu Prohibition of Harassment Act, 1998, has filed the present appeal challenging the order dated 23rd September, 2025 passed by the High Court1 in Criminal M.P.No.17141 of 2025 in Criminal O.P.No.23042 of 2024. Vide the aforesaid order, an application filed by the appellant seeking permission to leave India and join as Cyber Security Architect with Punch Powertrain NV Company situated at Ondernemerslaan 5429 - Poort Sint-Truinden, 3800 Sint - Truiden at Belgium, was dismissed.
1 High Court of Judicature at Madras.
3. Learned counsel for the appellant submitted that a false case has been registered against him by his wife on 15th March, 2024. The Police had been investigating the same ever since then and till date the chargesheet has not been filed. He is complying with all the conditions for grant of bail. However, he being out of employment for the last about two years, has now got an offer of a job in Belgium where he has to join by 9th December, 2025 but he has taken extension of time for a few days. Being a law abiding citizen, he never wanted to leave the country without permission of the Court. As and when his presence is required in the Court, he will appear otherwise, he will attend all hearings through video conferencing. Learned counsel for the appellant submitted that the appellant will also furnish an undertaking to this effect before the Trial Court.
4. The prayer made by the appellant is objected to by the learned counsel for the respondents stating that in case he is allowed to go out of the country, he may not come back and the trial in the FIR registered against him will be delayed.
5. After hearing learned counsel for the parties, in our opinion, the permission sought by the appellant to travel abroad to join as Cyber Security Architect with a company in Belgium should not be denied, merely on account of pendency of the aforesaid case against him. It is not in dispute that the appellant is in India for the last more than one year, still the investigation has not been completed. In case the appellant is not allowed to go abroad to join the service, as has been offered to him, his career prospects may be affected. However, we grant permission to the appellant subject to the following conditions:
(i) The appellant will deposit a sum of ` 5,00,000/- (Rupees five lakhs only) with the Trial Court within two weeks which shall be kept in a fixed deposit in any nationalized bank initially for a period of one year and shall be renewed automatically thereafter, till either the appellant comes back or the trial is over. Specific order of the Trial Court shall be required to release that FDR;
(ii) The appellant shall furnish an undertaking before the Trial Court within two weeks that he will attend each and every hearing of the case, as and when chargesheet, if any, is filed and also attend the hearing personally in case the Court so requires; and
(iii) In case of his failure to comply with the undertaking given by him, the amount of ` 5,00,000/- (Rupees five lakhs only) shall stand forfeited to the State, on passing of order by the Trial Court.
6. The order dated 24th September, 2024 passed by the High Court stands modified to the extent mentioned above.
7. The appeal is, accordingly, allowed in the aforesaid terms.
..........................J. (RAJESH BINDAL)
NEW DELHI;
December 09, 2025.
..........................J. (MANMOHAN)
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