A petitioner facing a non-bailable warrant can seek surrender and bail, with expedited consideration by the Trial Court.

O R D E R

The petitioner is the first accused in S.C No.

656/2018 on the file of the Additional Session Court (ADHOC)-II, Thiruvananthapuram (‘Trial Court’, for short), which has arisen out of Crime No. 96/2006 registered by the Chirayinkeezhu Police Station, Thiruvananthapuram District.

2. The petitioner states that he has appeared through his counsel before the jurisdictional Magistrate and got himself enlarged on bail at the crime stage. Subsequently, after the case was committed to the Trial Court, the petitioner's counsel did not inform him regarding the posting of the case. The petitioner was under the bona fide belief that he need not appear before the Trial Court. The petitioner had gone to Karnataka in search of his employment. However, 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.