[Cites 11, Cited by 0]
Kerala High Court
Divine Abraham Chirayil vs Narcotic Control Bureau on 12 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:12999
CRL.MC NO. 587 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
CRL.MC NO. 587 OF 2026
CRIME NO.8/2024 OF NARCOTICS CONTROL BUREAU, KOCHI, Ernakulam
AGAINST THE ORDER DATED 01.01.2026 IN CRMP 5765/2025 IN
SC NO.187 OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
- VII/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM / III
ADDITIONAL MACT, ERNAKULAM
PETITIONER/PETITIONER/ACCUSED:
DIVINE ABRAHAM CHIRAYIL,
AGED 34 YEARS
S/O. ABRAHAM, HOUSE NO. 250, PUTHENMALAYIL CHIRAYIL
HOUSE, KILIROOR NORTH (P.O), KOTTAYAM DISTRICT., PIN
- 686020
BY ADVS.
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SHRI.GAJENDRA SINGH RAJPUROHIT
SRI.BABU JOSE
SHRI.ATHUL POULOSE
SHRI.AKHIL GEORGE
RESPONDENT/RESPONDENT/COMPLAINANT:
NARCOTIC CONTROL BUREAU,
REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
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CRL.MC NO. 587 OF 2026
2
BY ADVS.
SHRI.R.VINU RAJ, SPL. P. P. NARCOTICS CONTROL BUREAU
SHRI.K.K.SUBEESH
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 587 OF 2026
3
ORDER
Dated this the 12th day of February, 2026
The petitioner is the accused in S.C. No.187/2025
on the file of the Additional Sessions Judge-VII, Ernakulam
(Trial Court), which has originated from O.R. No. 8 of
2024 registered by the Narcotic Control Bureau, Kochi,
alleging the commission of the offences punishable under
Section 22(c), 23(c) 27A and 28 of the Narcotic Drugs and
Psychotropic Substances Act.
2. The petitioner has stated in the Criminal
Miscellaneous Case that, he has been falsely implicated in
the crime. He has been a resident of Qatar since 2018 and
has been running a software solutions company there since
then. The petitioner was enlarged on bail by the Trial
Court, subject to conditions. As per condition No.(1) in
the bail order, the petitioner was directed not to leave the
State of Kerala without the permission of the above court.
Since the petitioner has to travel to Qatar for the purpose
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CRL.MC NO. 587 OF 2026
of his business, he filed an application seeking permission.
However, by Annexure 6 order, the Trial Court has
dismissed the application, for the reason that since the
petitioner's residency permit in Qatar has expired on
29.12.2024. Furthermore, he is an accused for an offence
under the NDPS Act, involving commercial quantity.
Annexure 6 order is unreasonable and unjustifiable.
Hence, the Crl.M.C.
3. The respondent has filed an objection, inter alia,
stating that, the petitioner was enlarged on bail subject to
stringent conditions. As per condition No.(1)he has been
directed not to leave the State of Kerala without the
permission of the Trial Court. Although he sought for
permission to permit him to travel abroad, the same has
been dismissed by the Trial Court. The order of the Trial
Court is well reasoned and balanced. As the trial in the
case is at an advanced stage, the charge has already been
framed. There is every likelihood of the case getting
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protracted, if the petitioner is permitted to go abroad.
Hence, the Crl.M.C. may be dismissed.
4. I have heard the learned counsel for the
petitioner and the learned Special Public Prosecutor for the
respondent.
5. The petitioner was enlarged on bail on
15.07.2025. As per the condition No.(1) in the said order,
the petitioner has been directed not to leave the State of
Kerala. It may be true that the investigation in the case is
complete and the complaint has been filed, and further the
charge has been framed in the case. However, it is not
discernible when the trial in the case would commence,
immediately.
6. It is well-settled in the celebrated judgment of
Maneka Gandhi v. Union of India and Another [1978 KHC
477] that right to travel abroad is a fundament right
guaranteed under Article 21 of the Constitution of India.
The same view has been taken by the Honourable Supreme
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CRL.MC NO. 587 OF 2026
Court in Hussainara Khatoon & Ors. v. Home Secretary,
State of Bihar [(1980) 1 SCC 81]
7. Keeping in mind the principles laid down in the
afore-cited decisions, this Court in Abhil C.R. v. State of
Kerala [2025 KHC OnLine 1650], has permitted the
accused persons to avail the electronic video linkage as per
the provisions of the Electronic Video Linkage Rules for
Courts (Kerala), 2021 ( Rules, in short), including to appear
for the trial, framing of charges and also questioning them
under Section 313 of the Cr.P.C. The above principle has
been reiterated by this Court in in Rameshan v. State of
Kerala (2025 (6) KHC 545).
8. On considering the fact that the charge in the
case has just been framed, and further that there is no
likelihood of the trial commencing in the near future, I am
of the definite view that the petitioner's prayer to permit
him to travel abroad can be allowed, otherwise it may
jeopardise his entire business and cause loss and
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hardship. Thus, I am inclined to exercise the inherent
powers of this Court under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, but subject to
conditions.
In the aforesaid circumstances, the Crl.M.C, is
allowed in the following manner :-
(i) Annexure A6 order is set aside.
(ii) Condition No.(1) Crl.M.P. No. 2871/2025 is
deleted, subject to the condition that the
petitioner files applications seeking
permanent exemption from appearing before
the Trial Court and also to avail the electronic
video linkage, within a week from today. If
such applications are filed, the Trial Court is
directed to consider and dispose the
applications, in accordance with law, and as
expeditiously as possible, at any rate, within
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three weeks from the date of filing of the
applications, keeping in mind the afore-cited
decisions and the Rules framed by this Court.
Nonetheless, it is clarified that in case the
Trial Court insists for the petitioner's presence
for the determination of the complaint, the
petitioner shall appear before the Trial Court
without raising any objection.
Sd/-
C.S.DIAS, JUDGE
rmm 12/02/2026
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CRL.MC NO. 587 OF 2026
APPENDIX OF CRL.MC NO. 587 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTO COPY OF THE RESIDENCY PERMIT
ISSUED TO THE PETITIONER BY THE STATE OF
QATAR WHICH IS EXPIRING ON 13.08.2032
Annexure 2 TRUE PHOTO COPY OF THE ARTICLES OF
ASSOCIATION ENTERED INTO BETWEEN THE
PARTNERS OF THE RAPPORT TRADING AND
CONTRACTING WLL, QATAR DATED 28.10.2018
Annexure 3 TRUE PHOTO COPY OF THE COMMERCIAL
REGISTRATION LICENSE ISSUED TO RAPPORT
TRADING AND CONTRACTING WLL, QATAR DAETD
24.07.2024
Annexure 4 TRUE PHOTO COPY OF THE ESTABLISHMENT CARD
ISSUED BY THE MINISTRY OF INTERIOR, STATE
OF QATAR TO RAPPORT TRADING AND
CONTRACTING WLL, QATAR ISSUED ON
05.11.2018 WHICH IS EXPIRING ON
24.07.2027.
Annexure 5 TRUE PHOTO COPY OF THE RELEVANT PAGES OF
THE PASSPORT OF THE PETITIONER ISSUED ON
14.08.2022.
Annexure 6 FREE COPY OF THE ORDER 01.01.2026 IN
CRL.M.P NO. 5765/2025 IN S.C NO. 187/2025
PASSED BY THE ADDITIONAL DISTRICT AND
SESSIONS JUDGE-VII, ERNAKULAM
