The court provides procedural directions regarding the surrender of a petitioner under a non-bailable warrant, emphasizing the necessity of due consideration for bail upon surrender.

ORDER

The petitioner is the 3^rd accused in LP.No.11/2025 on the file of the Additional Sessions Court-VII, Ernakulam, (‘Trial Court’, in short), which has arisen from Crime No.292/2019 registered by the Central Police Station, Ernakulam, for allegedly committing the offences punishable under Sections 20 (b) (ii) B and 29 of the Narcotic Drugs and Psychotropic Substances Act and 27 of the Arms Act .

2. The petitioner states that, he was enlarged on bail at the crime stage. On receipt of summons from the Trial Court, the petitioner’s counsel filed an application to condone his absence. However, the Trial Court has rejected the application and issued a non bailable warrant against the petitioner. Subsequently, the case against the petitioner was split up and the trial as against the other accused persons continued. The case against the petitioner was transferred to long pending register. The trial against the other accused proceeded. The petitioner is presently employed in Dubai as a staff nurse. The petitioner proposes to come down to India. However, he is apprehensive that his bail application may not be considered on the date of surrender and that he may be remanded to judicial custody. Hence, the Crl.M.C

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

On a consideration of the facts and the materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C in the following manner:

i). The petitioner is directed to appear before the Investigating Officer in Crime No.292/2019 of the Central Police Station, Ernakulam, on the day he returns to India.

ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that he surrenders before the Trial Court within one week from the date of his appearance. However, the Investigating Officer shall not enforce the warrant issued against the petitioner.

iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the non bailable warrant and to enlarge him on bail, the Trial Court shall consider the applications, in accordance with law, on the day that the petitioner surrenders before the Trial Court.

iv). In order to enable the petitioner to surrender before the Trial Court, the non bailable warrant issued against the petitioner shall be kept in abeyance for two weeks from today, provided the petitioner appears before the Investigating Officer on the day he returns to India, and surrenders before the Trial Court within a week thereafter.