The court affirms the procedural right to bail upon surrender, emphasizing prompt judicial consideration of bail applications in serious matters.

O R D E R

The petitioner is the accused in L.P. No. 78/2020 (S.T. No. 2199/2015) on the file of the Court of the Judicial First Class Magistrate, Tirur (‘Trial Court’, for short), which has been filed by the second respondent for allegedly committing the offence punishable under Section 138 of the Negotiable Instruments Act .

2. The petitioner states that he has appeared through his counsel before the Trial Court. However, there was no sitting, and the case was adjourned. Consequently, the petitioner has reliably learnt that 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 applications 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 the 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 and file applications to recall the non-bailable warrant and enlarge him on bail, within a week from today, after serving advance copies on the learned Public Prosecutor. If such applications are filed, the Trial Court is directed to consider and dispose of the applications, in accordance with law, and as expeditiously as possible, preferably on the same day the petitioner surrenders before the Trial Court.