Ruled in favour of Miyas .K.K @ Baboos (Petitioner)
In Short
A young man facing cyber crime allegations wanted his passport back and relief from strict police reporting conditions so he could move forward while the investigation dragged on. The trial court refused to return his passport due to other pending police cases, but the High Court stepped in. The Kerala High Court allowed his petition, ordered his passport to be released under proper undertakings, and relaxed his reporting rules.
The Parties
Party A: Miyas .K.K @ Baboos
Party B: State of Kerala, represented by the Public Prosecutor
Advocates & Judges
For Party A: Learned Advocate Mr. K.A. Salil Narayanan, Learned Advocate Ms. K. Bincymol
For Party B: Learned Advocate Mr. Devadas H. Mallan
Judge(s): Hon'ble Justice C.S. Dias
What the Case Was About
The petitioner found himself tangled in a police case involving cheating and cyber fraud registered by the Kakkur Police Station in Kozhikode. When he was originally granted bail, the lower court laid down strict rules, including handing over his passport and reporting to the police station regularly on the second and fourth Mondays of every month. Wanting his passport back to travel and seeking relief from these constant visits, he approached the trial court. The lower court modified his police reporting duty slightly but flatly refused to give back his passport because it noted he had links to multiple cyber crime complaints across various police stations. Unhappy with that denial, the young man knocked on the doors of the High Court to challenge it.
Judgment Date
25 September, 2026
The Outcome
The Kerala High Court ruled in favour of the petitioner and allowed his petition. The court set aside the lower court's decision to withhold his passport and ordered that his passport be released back to him, provided he submitted a formal written undertaking not to leave the country without court permission.
What the Court Looked At
- The prosecution stated that the petitioner actually had no prior bad criminal record and that the ongoing investigation was at its final stages.
- Nearly six months had passed since the initial bail order, yet the final investigation report had still not been filed by the police.
- The state did not have any complaint that the petitioner had violated any of his bail rules during this entire period.
- The High Court noted that it had already permitted the release of a passport for another co-accused in the very same case under similar circumstances.
"Taking into consideration the above aspects... I am inclined to exercise the inherent power of this Court... and allow this petition."
What This Means For You
When you are caught up in a cyber crime investigation, local police stations and trial courts often hold onto travel documents tightly—especially if multiple complaints pop up in different places. However, as this case shows, the police cannot hold your passport indefinitely while an investigation drags on endlessly without filing a final chargesheet. If you cooperate fully, follow all your bail rules, and show that you are not running away, higher courts are willing to step in and restore basic freedoms like travel documents. Setback Solutions can help you understand your options and coordinate next steps when you feel stuck dealing with complex police cases and travel restrictions.
You Still Have Options
Dealing with a multi-state cyber crime investigation or struggling with harsh bail conditions can feel overwhelming, but it is never the end of the road. Whether you are facing a false FIR, stuck with locked passport restrictions, or wondering what to do next after a lower court turns down your request, you still have options like seeking a second opinion or exploring non-judicial guidance. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Please remember, Setback Solutions is not a law firm, does not provide legal advice, and never guarantees any specific outcome, but we are here to help you navigate your choices in plain language.