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2026 Supreme(Online)(Ker) 62244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Midhun Manoj – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7780 OF 2026
For the Appellants/Petitioners: Jerry Mathew, Santra Anix Kalluzhathil
For the Respondents: Dalbi Immanuel
The High Court exercised its inherent powers under Section 528 of the BNSS to order the return of a passport to an accused for employment purposes, as the investigation was complete and the final report had been filed.
Headnote:(A) Bail Conditions - Return of Passport - Employment Opportunity - Where investigation is complete and final report is filed, and the accused has complied with bail conditions, the court may order the return of the passport to facilitate employment. (Para 6)
(B) Inherent Powers of High Court - Section 528 BNSS - Exercise of power to modify bail conditions to prevent unreasonable hardship when the grounds for refusal (incomplete investigation) no longer exist. (Para 6)
Issues: Whether the passport surrendered as a bail condition should be returned to the accused for employment purposes after the investigation is complete.
Legal Category Hierarchy
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crime and sentencing
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drugs and narcotics
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offences under ndps act
- possession and trafficking
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offences under ndps act
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drugs and narcotics
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practice and procedure
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bail and conditions
- modification of bail conditions
- return of passport
-
inherent powers of court
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powers under bnss
- section 528
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powers under bnss
-
bail and conditions
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS,J.
Crl. M.C.No. 7780 of 2026
Dated this the 24th day of September, 2026
O R D E R
The petitioner is the accused in Crime No.1318 of 2025 registered by the Erumeli Police Station, Kottayam, alleging the commission of the offences punishable under Sections 20(b)(ii)A and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
It is the petitioner's case that, by Annexure-2 order, the petitioner was enlarged on bail by the Special Court for NDPS Act cases, Thodupuzha ('Trial Court', in short), subject to conditions. As per condition No.(2) in the said order, the petitioner was directed to surrender his passport. Consequently, the petitioner surrendered his passport before the Trial Court. Recently, the petitioner received Annexure-3 offer letter for an employment in the Sultanate of Oman. In the above background, the petitioner filed an application before the Trial Court seeking modification of condition No.(2) and for return of his passport. However, by the impugned Annexure-4 order, the Trial Court dismissed the application on the ground that investigation in the case is not complete. The impugned order is ex facie erroneous and unreasonable.
Hence, this petition.
I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned Public Prosecutor, on instructions, submits that the investigation in the above crime is complete and the final report has been laid before the Trial Court on 28.07.2025.
In light of the above fact that the investigation is complete and the final report has been filed, and that the petitioner has been scrupulously complying with the conditions in Annexure-2 bail order, I do not find any legal impediment in ordering the passport to be returned to him. Thus, I am inclined to exercise the inherent powers of this Court under Section 528 of the BNSS .
In the aforesaid circumstances, this petition is allowed, by setting aside Annexure-4 order and ordering the Trial Court to return the petitioner's passport to him, in accordance with law. Nonetheless, it is clarified that the petitioner shall travel abroad only with the prior permission of the Trial Court.
