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2026 Supreme(Online)(Ker) 166

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RAHUL R – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11786 OF 2025|CRIME NO.67/2019



Advocates:
For the Appellants/Petitioners: SMT.D.LEEMA ROSY
For the Respondents: M.P. PRASANTH

The Court emphasizes the right to timely consideration of bail applications upon surrender in accordance with lawful procedures.

Headnote:In this judgment, the petitioner, the first accused in Crime No.67/2019, applied for a Criminal Miscellaneous Case to surrender before the Trial Court and requested consideration of his bail application. The Court permitted the petitioner to surrender and directed the Trial Court to hear bail applications on the same day. The primary issue was the petitioner's apprehension of being remanded to judicial custody upon surrender. The Court's ratio highlighted the necessity of timely consideration of bail applications post-surrender. The final directive was for the Trial Court to consider the bail applications on merit.

Table of Content
1. petitioner expressed willingness to surrender and apply for bail. (Para 1 , 2)
2. court hears arguments from both sides. (Para 3)
3. court directed the trial court to consider bail applications on surrender. (Para 4)

Dated this the 06th day of January, 2026 ORDER The petitioner is the first accused in Crime No.67/2019 registered by the Excise Range Office, Vandiperiyar, Idukki, and now pending consideration as SC (NDPS) No. 16/2025 on the file of the Special Court (NDPS Act Cases), Thodupuzha ( Trial Court).

2. The petitioner states that he could not appear before the Trial Court and get himself enlarged on bail. The petitioner has reliably learnt that the case against him has been split up and a non-bailable warrant has been issued against him. The petitioner is willing to surrender before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his application may not be considered on the date of surrender and 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

4. On a consideration of the facts and materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C, by permitting the petitioner to surrender before the Trial Court within a week from today and file applications to recall non- bailable warrant and also to enlarge him on bail, after serving advance copies on the Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider the applications on its merits, in accordance with law, preferably on the same day the petitioner surrenders before the Trial Court.

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