Kerala High Court: Bail Conditions Cannot Force Foreign Nationals to Stay in Detention or Transit Homes

The Kerala High Court held that criminal courts cannot impose a bail condition requiring foreign nationals to remain in detention or transit homes until the trial ends.

The Court said such conditions defeat the very purpose of bail by continuing confinement without statutory backing. It noted that bail conditions must only ensure the accused’s presence during trial and prevent interference with the investigation.

The Court also reiterated that statutory bail is a fundamental right and cannot be diluted through onerous conditions.

It set aside the transit home requirement and directed the FRRO to consider appropriate restrictions after hearing the accused.

[Apple Barua v. State of Kerala]