The court states that CrPC does not include any limiting obligations. The Kerala High Court has ruled that persons residing abroad can apply for bail.
Judge Thomas, who granted bail for actor and producer Vijay Babu on Wednesday, said Section 438 of the CRPC includes a restrictive obligation that foreign residents cannot submit applications. I pointed out that it was not for reserve deposits. The only restriction was that the applicant had to be in the country prior to the final hearing in order for the court to impose and enforce the terms stipulated by law. The prosecutor dismissed the actor’s objection, but argued that it should not be considered for people residing abroad to apply for bail. The actor applied for bail after staying abroad. The court found that a crime committed in India could result in the arrest of a person abroad. Advances in research technology and communications could even allow various research agencies to be used to arrest foreigners. There is also the risk of arrest if the petitioner is abroad. Therefore, in the event of fear of good faith, the law empowered such persons to seek protection from arrest. The court added that such restrictions that were not included in the legislature could not be loaded into Section 438CrPC.