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2026 Supreme(Online)(Ker) 362

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SOBY GEORGE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 116 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.BINU V V VEETTIL VALAPPIL, SHRI.K.BINNI
For the Respondents: PP SRI M P PRASANTH

The Court allows the accused to surrender and mandates a fair hearing on bail applications under the Cr.P.C, emphasizing legal protections for defendants.

Headnote:Statute Analysis: This judgment examines the provisions of the Cr.P.C, particularly Sections 82 and 83 concerning warrants. Facts of the Case: The petitioner, Soby George, is apprehensive regarding his bail application post-surrender due to prior non-appearance.

Findings of Court:
The Court permits the petitioner to surrender and file bail applications, mandating the Trial Court to consider them on the same day of surrender.

Issues: The main questions involve the implications of non-appearance and bail rights under the Cr.P.C.

Ratio Decidendi: The court emphasizes that the petitioner’s applications should be addressed in accordance with law without bias due to prior failure to appear.

Result: The petitioner is allowed to surrender and must file applications for bail consideration without delay.

Table of Content
1. petitioner seeks surrender and bail due to non-appearance. (Para 1 , 2)
2. court mandates timely consideration of bail requests. (Para 3)

ORDER

The petitioner is the accused in C.C.No.1/2015 on the file of the Court of the Chief Judicial Magistrate, Ernakulam, (Trial Court), which has originated from Crime No.207/2014 registered by the Ernakulam Central Police Station.

2. The petitioner states that he got himself enlarged on bail at the crime stage. Subsequently, the petitioner failed to appear before the Trial Court, after the summons was issued to the witnesses. The petitioner has reliably learnt that non-bailable warrant has been issued against him and steps under Sections 82 and 83 of Cr.P.C has been initiated, and notice has also been issued to his sureties. 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 his 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.

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 within a week from today (08.01.2026), and file applications to get himself enlarged on bail, recall the non-bailable warrant and also the steps initiated under Sections 82 , 83 of Cr.P.C, after serving advance copies on the learned Public Prosecutor for the respondent. If such applications are filed, within the prescribed time period, the Trial Court is directed to consider and the dispose of the applications, in accordance with law, preferably on the very same day the petitioner surrenders before the Trial Court.

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