Supreme Court Stays Kerala HC Order Allowing Accused to Travel Abroad Despite Pending SLP.


04 September 2025
The Supreme Court considered a special leave petition challenging the Kerala High Court’s order granting anticipatory bail to Anitha R. Nair, who faces multiple criminal cases for cheating, criminal breach of trust, and offences under the Banning of Unregulated Deposit Schemes Act, 2019.

While the SLP was pending, the High Court modified the bail conditions to permit Nair to travel abroad, deleting the restriction on foreign travel and directing release of her passport. The Supreme Court noted that these modifications were made despite the bail order itself being under challenge before it.


 

 

The Court observed that such parallel modifications undermine judicial propriety and the hierarchy of courts. It stayed all High Court orders permitting foreign travel and expressed displeasure over the concealment of facts by the accused in her pleadings.

Nair has now been directed to surrender her passport and is prohibited from leaving India without the Supreme Court’s permission. The Court has also issued notice to her, asking why her anticipatory bail should not be cancelled due to her conduct. The matter will be heard further on 26 September 2025