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2025 Supreme(Online)(Ker) 57054
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SMITHA T.J – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11351 OF 2025 | CRIME NO.1111/2023 | CC NO.118 OF 2024
For the Appellants/Petitioners: SRI.M.ANUROOP, SRI.M.DEVESH, SHRI.MURSHID ALI M.
For the Respondents: NOT SPECIFIED
Petitioner allowed to apply for bail upon surrender, with LOC kept in abeyance.
Headnote:This judgment concerns the quashing of a First Information Report under Section 420 read with Section 34 of the Indian Penal Code. The petitioner seeks to avoid arrest during her return to India due to an existing lookout circular. The court addresses the procedural aspects for her surrender and bail. The main issues include the applicant's apprehension of arrest and the management of the look-out circular. The court holds that the LOC shall be kept in abeyance, allowing the petitioner to apply for bail upon surrender.
| Table of Content |
|---|
| 1. quashing of fir under ipc provisions. (Para 1 , 2) |
| 2. petitioner's concerns over loc and bail. (Para 3) |
ORDER
Dated this the 16th day of December, 2025 The petitioner is the 2nd accused in C.C.No.118/2024 on the file of the Court of the Judicial First Class Magistrate, Payyannur (‘Trial Court’, in short), which has arisen from Crime No.1111/2023 registered by the Pazhayangadi Police Station, alleging the commission of the offences punishable under Section 420 read with Section 34 of the Indian Penal Code .
2. The Criminal Miscellaneous Case has been filed to quash Annexure A1 First Information Report and Annexure A2 Final Report.
3. Today, when the Crl.M.C was taken up for consideration, the learned counsel for the petitioner submitted that the petitioner would be satisfied if this Court directs the Trial Court to consider the petitioner’s application for bail on the very same day she surrenders before the Trial Court. The petitioner is apprehensive that, since there is a look out circular (LOC) pending against her, she may be arrested when she returns to India. Hence, this Court may direct the LOC to be kept in abeyance and the petitioner’s application for bail to be considered on the very same date. The above prayer is not opposed by the learned Public Prosecutor.
On a consideration of the facts and the materials on record, and in view of the limited relief that has been prayed for before this Court, 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.1111/2023 on the day she returns back to India.
ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that she surrenders before the Trial Court within a week from the date of her appearance. However, the Investigating Officer shall not enforce the LOC/NBW.
iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the LOC/NBW and to enlarge her 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 LOC/NBW 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 she returns to India, and surrenders before the Trial Court within a week thereafter.
Sd/-
