The Kerala High Court on Tuesday declined a petition to restrain Bollywood actor Sunny Leone from going abroad in view of a cheating case registered against her and her husband in connection with a show that did not come off.

When the petition filed by the actor and others seeking anticipatory bail came up for hearing, the counsel for the coordinator of a show who had filed the cheating case submitted that the actor be restrained from going abroad and sought her presence in the country in view of the criminal case.

Justice Ashok Menon observed that the insistence by the counsel of the complainant for restraining Ms. Leone’s travel abroad could not be granted at present. The court noted that the counsel for Sunny had assured that she would be available for interrogation as and when called for by the police.

The court had last time directed the police not to arrest Leone, her husband Daniel Weber, and chief executive officer of their production house Sunil Rajani until a notice for their appearance under Section 41 A of the Code of Criminal Procedure(Cr.PC) is served on them.

The criminal case has been registered against the petitioners under Sections 406 (criminal breach of trust) and 420 (cheating) of the Indian Penal Code (IPC) on a complaint filed by Shiyas Kunhumuhammed of Perumbavoor.

The complainant alleged that the actor and other accused had entered into a contract with him for performing stage shows in Kerala and abroad and had allegedly received ₹39 lakh. The actor and others had committed a breach of contract by not performing the show and failed to return the money.

The court adjourned to March 8, the hearing on the anticipatory bail petition.