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2025 Supreme(Online)(Ker) 56794
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
LALI T.C – Appellant
Versus
T.V RAMANATHAN – Respondent
CRL.MC NO. 10098 OF 2025
For the Appellants/Petitioners: SHRI.ROHIT S., SHRI.ANTONY M. GEORGE
For the Respondents: SR PP SRI C S HRITHWIK
The Court has inherent powers to set aside warrants conditionally, balancing justice and trial requirements.
Headnote:The petitioner, an accused in C.C. No.2288/2015 for an offence under Section 138 of the Negotiable Instruments Act, challenged the cancellation of bail and issuance of a non-bailable warrant. The Court found no error in the Trial Court's proceedings as the petitioner failed to seek exemption for personal appearance. However, it invoked inherent powers to conditionally set aside the warrant subject to the petitioner’s appearance on the specified date.
Result: The proceedings dated 31.10.2025 are set aside subject to conditions.
| Table of Content |
|---|
| 1. accused status and implications of complaint filing (Para 1 , 2) |
| 2. inherent powers allow conditional quashing of warrants (Para 3 , 6) |
| 3. court explicates legal procedural adherence (Para 4 , 5) |
O R D E R Dated this the 10th day of November 2025 The petitioner is the accused in C.C. No.2288/2015 on the file of the Court of the Judicial First Class Magistrate-I, Thrissur, (Trial Court), which has been filed by the respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act ,1881.
2. The petitioner contends that she is a heart patient. She is represented through her counsel. She had participated in the trial and the complaint was posted for judgment. However, by Annexure A3 proceedings dated 31.10.2025, the Trial Court has cancelled the petitioner’s bail bond and issued a non-bailable warrant against her, and notice to the sureties. Annexure A3 proceedings is erroneous and irregular and is in flagrant violation of Section 355 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’, for short). Hence, Annexure A3 proceedings may be quashed.
3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner submits that, the petitioner had scrupulously appeared either in person or through her counsel before the Trial Court on all the posting dates. Although the complaint was posted for judgment on 31.10.2025, the petitioner was indisposed. Accordingly, the petitioner’s counsel prayed to dispense with the petitioner’s personal appearance on the said date. Nevertheless, the Trial Court, by the impugned Annexure A3 proceedings, cancelled the petitioner’s bail bond, issued a non-bailable warrant against her and notice to her sureties.
5. It is undisputed that the enquiry and trial in the complaint is completed and the case was posted for judgment. Therefore, Section 355 of the BNSS has no application to the present case. As the complaint was posted for judgment, the Trial Court directed the petitioner to be personally present. It is also not disputed that the petitioner did not file any application to dispense with her personal appearance on the said date. It was in the said backdrop that the Trial Court passed the impugned proceedings. I do not find any error or illegality in Annexure A3 proceedings.
6. Nonetheless, taking into consideration the submission made by the learned counsel for the petitioner that the petitioner was indisposed due to cardiac problems and that she is prepared to appear before the Trial Court on 12.11.2025, the date of next posting, to meet the ends of justice, I am inclined to exercise the inherent powers of this Court under Section 528 of the BNSS .
Accordingly, I dispose of the Crl.M.C. by setting aside the proceedings dated 31.10.2025,(i) cancelling the bail bond executed by the petitioner,(ii) issuing non-
bailable warrant against her and (iii) issuing notice to the sureties, but subject to the condition that the petitioner appears before the Trial Court on 12.11.2025 to receive the judgment. If the petitioner appears before the Trial Court on the said date, the proceedings dated 31.10.2025 shall stand set aside and quashed. On the contrary, if the petitioner fails to appear before the Trial Court, Annexure A3 proceedings will stand confirmed.
