The court addresses the procedural safeguards for a petitioner returning from abroad under a non-bailable warrant, ensuring rights to surrender and seek bail.

C.S.DIAS, J.

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Crl.M.C.No.8399 of 2025 ------------------------------------------------

Dated this the 6^th day of January, 2026 ORDER The petitioner is the 4^th accused in S.C.No.227/2024 on the file of the Special Court for Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Nedumangad, Thiruvananthapuram (Trial Court).

2. The petitioner asserts that he was out of station due to his vocation. The petitioner could not appear before the Trial Court and get himself enlarged on bail. The petitioner has learnt that a non-bailable warrant has been issued against him and steps under Sections 82-83 Cr.PC is also pending. The petitioner proposes to come down to India and get himself enlarged on bail. However, the petitioner is apprehensive that he may be arrested on the day he arrives in India and his application may not be considered on the same date. Hence, the Criminal Miscellaneous Case.

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 Criminal Miscellaneous Case in the following manner:

i). The petitioner is directed to appear before the jurisdictional Police Station of the Trial Court on the day he returns to India.

ii). The jurisdictional Police 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 a week from the date of his appearance. However, the jurisdictional Police 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 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 LOC/NBW issued against the petitioner shall be kept in abeyance for two weeks from today, provided the petitioner appears before the jurisdictional Police on the day he returns to India, and surrenders before the Trial Court within a week thereafter.