[Cites 8, Cited by 0]
Kerala High Court
Sinoj Varghese Alex vs State Of Kerala on 3 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 499 OF 2026 1
2026:KER:9181
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
CRL.MC NO. 499 OF 2026
CRIME NO.2/2018 OF NARCOTICS CONTROL BUREAU, KOCHI, ERNAKULAM
AGAINST THE ORDER DATED 08.01.2026 IN Crl.M.P.No.
5785/2025 IN SC NO.1116 OF 2019 OF I ADDITIONAL DISTRICT
COURT/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONER/ACCUSED NO.2:
SINOJ VARGHESE ALEX
AGED 31 YEARS, RESIDING AT 191/A LOVE DALE,
MANAKALA, ERATHU, ADOOR, PATHANAMTHITTA, P.O 691551
BY ADV SHRI.AJAI JOHN
RESPONDENT/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU
SUB- ZONE, GOVERNMENT OF INDIA, MINISTRY OF HOME
AFFAIRS, A1- BLOCK, IL FLOOR, KENDRIYA BHAVAN,
KAKKANADU, COCHIN, PIN - 682037
BY ADVS.SHRI.R.VINU RAJ, SPL. P. P. NARCOTICS
CONTROL BUREAU
SHRI.K.K.SUBEESH
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 499 OF 2026 2
2026:KER:9181
ORDER
Dated this the 03rd day of February, 2026
The petitioner is the 2nd accused in
S.C.No.1116/2019 on the file of the Additional Sessions
Court-I, Ernakulam ('Trial Court', in short), which has
originated from Crime No.OR/02/2018/NCB/SZ/COK/71
registered by the Narcotics Control Bureau, Kochi,
alleging the commission of the offences punishable under
Sections 8(c) read with Sections 20(b)(ii), 23(b), 27A, 28
and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985, ('NDPS Act', in short).
2. The petitioner has stated in the Criminal
Miscellaneous Case that, by Annexure A4 order, the
petitioner was enlarged on bail by the Court of Sessions,
Ernakulam on 31.10.2025 subject to conditions. As per
Condition No.4 in the above order, the petitioner was
directed to not to leave India without prior permission of
the Trial Court. The petitioner has been scrupulously
complying with the conditions in Annexure A4 order. The
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petitioner is currently employed in the United Kingdom as
as Healthcare Support Worker. He has to pursue his
employment for the purpose of sustaining his family and
himself, especially since he is the sole bread winner of his
family. The investigation in the case is complete and the
complaint with respect to the 1st accused has been filed.
The petitioner has no criminal antecedents. He is willing
to co-operate with the Investigating Officer and comply
with any stringent condition that may be imposed by this
Court. The petitioner is also willing to avail the electronic
video linkage as per the provisions of the Electronic Video
Linkage Rules for Courts (Kerala), 2021 ('Rules', for
brevity). Therefore, Annexure A7 order may be set aside
and the petitioner may be permitted to travel abroad for
the purpose of his employment. Hence, the Crl.M.C.
3. The 2nd respondent has, through its Public
Prosecutor, filed a statement, inter alia, contending that
the petitioner's prayer to travel abroad is totally
misconceived. Although the petitioner sought for
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relaxation of the conditions and to permit him to appear
through his counsel, no separate application has been
filed before the Trial Court. Mere undertaking made by
the petitioner cannot be believed. The investigation in
the case is not closed. The 2 nd respondent reserves its
right to conduct further investigation. The physical
presence of the petitioner is required to conduct an
effective interrogation. The petitioner has a history of
evading the process of law. Therefore, the Crl.M.C may
be dismissed.
4. I have heard the learned counsel for the
petitioner and the learned Special Public Prosecutor
appearing for the 2nd respondent.
5. The crime is of the year 2018. It is not
disputed that the investigation in the crime so far as the
1st accused concerned is complete and the complaint has
been filed.
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6. The 2nd respondent contends that since the
petitioner was absconding all through out the period, the
investigation in the case, so far as the petitioner
concerned, is not complete and the complaint has not
been filed against him. Though the petitioner has sought
for permission to travel abroad, the Court of Session has
dismissed the application solely for the reason that the
case against the petitioner was transferred to the Long
Pending Register and the possibility of the petitioner
absconding again cannot be ruled out.
7. It is well settled in Hussainara Khatoon
v. Home Secretary, State of Bihar [(1980) 1 SCC 81],
that onerous conditions like restricting the travelling of
an accused shall not be imposed in a casual manner.
Moreover, in Menaka Gandhi v. Union of India and
another [AIR 1978 SC 597], the Hon'ble Supreme Court
has held that the right to travel abroad is a fundamental
right guaranteed under Article 21 of the Constitution of
India.
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8. Taking into consideration the exposition of
law in the aforecited decisions, and the fact that the
petitioner was enlarged on bail by Annexure A4 order on
31.10.2025, which is more than three months now, and
that the investigation in the case, so far as the petitioner
concerned, is practically complete, I am of the definite
view that the petitioner cannot be restrained from
travelling abroad for the purpose of his employment.
Nonetheless, if the petitioner is permitted to travel
abroad, he shall co-operate with the investigation and
also appear before the Trial Court as and when directed.
In the aforesaid circumstances, I am inclined to
allow the Crl.M.C, by exercising the inherent power of
this Court under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, in the following manner:
1. Annexure A7 order is set aside.
2. Crl.M.P.No.5785/2025 filed by the petitioner is
allowed, subject to the following conditions:
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(i) The petitioner shall comply with
Condition Nos.2 and 3 in Annexure A4
order.
(ii) The petitioner is also directed to file
applications to grant him permanent
exemption, to avail the electronic video
linkage as per the Rules, and specifically
undertaking in the applications that he will
not dispute his identity, if he participates in
trial availing the electronic video linkage,
and further that he would appear before the
Trial Court as and when directed.
(iii) The parties would be at liberty to move
the Trial Court for modification/deletion of
the above conditions.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 499 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED IN CRIME
NO. OR/2/2018/NCB/SZ/COK/71 BY THE 2ND
RESPONDENT
ANNEXURE A2 TRUE COPY OF THE JUDGEMENT DATED
08/08/2025 IN CRL.MC/ 5895 /2025 PASSED
THE HON'BLE HIGH COURT OF KERALA
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 17/10/2025
IN CRL.MP/4918/2025 PASSED BY THE 1ST
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
AT ERNAKULAM KERALA
ANNEXURE A4 TRUE COPY OF THE ORDER DATED 31/10/2025
IN CRL.MP/5123/2025 PASSED BY THE 1ST
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
AT ERNAKULAM KERALA
ANNEXURE A5 TRUE COPY OF THE CRL.MP/5785/2025 DATED
07/11/2025 FILED BY THE PETITIONER
ANNEXURE A6 TRUE COPY OF OBJECTIONS IN
CRL.MP/5785/2025 FILED BY THE RESPONDENT
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 08/01/2026
IN CRL.MP/5785/2025 PASSED BY THE 1ST
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
AT ERNAKULAM KERALA
ANNEXURE A8 TRUE COPY OF THE PASSPORT BEARING NO.
Z8178594 VALID TILL 25/08/2026
ANNEXURE A9 TRUE COPY OF THE E-VISA ISSUED BY THE
UNITED KINGDOM
ANNEXURE A10 TRUE COPY OF THE DRIVING LICENSE NO.
VARGH905023S99YA 67 OF UNITED KINGDOM
ANNEXURE A11 TRUE COPY OF THE TENANCY AGREEMENT IN
UNITED KINGDOM
ANNEXURE A12 TRUE COPY OF THE BIRTH CERTIFICATE DATED
20/02/2025 OF THE PETITIONER NEW-BORN
INFANT
