'Liberty To Move Can't Be Restrained Indefinitely': Kerala High Court Lifts Bail Condition Imposed On Ebrahim Kunju In Palarivattom Flyover Scam Case

The Kerala High Court on Monday lifted the bail condition imposed on Former PWD Minister V.K Ebrahim Kunju to the effect that he cannot leave the jurisdictional limits of the Ernakulam district. 

Justice P.V. Kunhikrishnan while allowing the petition observed that a person's liberty to move cannot be restrained indefinitely by any bail condition. 

Although an accused may be restricted from leaving the country, the investigation team cannot restrict one from moving in the State, the Court declared orally. On the aforementioned ground, the bail condition restricting him from leaving the jurisdictional district of Ernakulam was lifted by the Bench.

Earlier this month, the petitioner had approached the Court seeking relaxation in the bail conditions imposed on him in the Palarivattom Flyover scam. He was accused of causing irregularities in the construction of a flyover at Palarivattom and has been in custody for the past seven months. The order granting him bail in the matter dated 8th January 2021 had imposed condition number 6 according to which he was not permitted to leave his district. 

The petitioner submitted that his continued presence in the district was not essential for the investigation or any other incidental purposes. Therefore, no prejudice would be caused to the prosecution by the deletion of the said condition, he asserted.

Public Prosecutor Maya M.N submitted that the investigation was almost complete and that only sanction for the factual report was left to be obtained. However, claiming that the petitioner was a highly influential person, she suggested that he may not be permitted to enter the district of Thiruvananthapuram. 

The Single Bench opined that the Court cannot interfere with the movement of a person and that one's liberty to move cannot be restrained indefinitely. It was also noted that the petitioner had obeyed the order for the past 6 months diligently and that there was no dispute regarding this on behalf of the Public Prosecutor either. 

Case Title: V.K. Ebrahim Kunju vs. State of Kerala