A court may direct a magistrate to consider bail applications even amid non-bailable warrant situations, ensuring adherence to established legal principles.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TH TUESDAY, THE 7 DAY OF OCTOBER 2025 / 15TH ASWINA, 1947 CRL.MC NO. 8782 OF 2025 CRIME NO.1024/2025 OF MELATTUR POLICE STATION, MALAPPURAM CP NO.55 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA PETITIONER/ACCUSED NO.1:

ABED AGED 25 YEARS S/O HAMSA B K VELUPPILANGADI HOUSE, MATTOORU GRAAMA, PONNAMPETE POST, VIRAAJA PETE, MATOOR, KODAGU, KARNATAKA, PIN - 571216 Y ADV SHRI.P.A.MUJEEB RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT PUSHPALATHA M.K., SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner, who is the 1st accused in CP No.55/2025, has filed this petition under Section 528 BNSS for a direction to the Judicial Magistrate of First Class-II, Perinthalmanna, to consider and pass orders on his bail application on the date of his surrender before the said Court. 2. The offences alleged against the petitioner are under Sections

75(1)(i) and 329(4) read with Section 3 (5) of BNS . It is stated that the petitioner was not able to appear before the learned Magistrate since he was employed at Karnataka for eking out a livelihood. Due to the non-appearance of the petitioner, the committal court is said to have issued a Non Bailable Warrant against him. Now the petitioner wants to surrender before the learned Magistrate to abide by the due process of law. Apprehending that the learned Magistrate might remand the petitioner to judicial custody before passing orders on his bail application, the petitioner seeks the intervention of this Court for giving appropriate directions to the learned Magistrate.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

4. Having regard to the nature of the relief sought for by the petitioner, I deem it appropriate to dispose of the Crl.M.C with the following directions:-

i) The Non Bailable Warrant ordered against the petitioner/1st accused in CP No.55/2025 on the files of Judicial Magistrate of First Class-II, Perinthalmanna, is ordered to be kept in abeyance for a period of three weeks from today.

ii) If the petitioner/1st accused surrenders before the learned Magistrate and moves a bail application within the aforesaid period of three weeks, the learned Magistrate shall consider and pass orders on the said application, preferably on the same day, by following the settled principles of law laid down by this Court inBiju S Praveen v. State of Kerala and Another [2007 (2) KLT 280] , and the guidelines of Hon’ble Supreme Court inDataram Singh vs. State of UP and Another [2018(1)KHC 901] .

Sd/-