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2026 Supreme(Online)(Ker) 1474

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ILLYAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 372 OF 2026 | CRIME NO.170/2020



Advocates:
For the Appellants/Petitioners: SHRI.E.A.HARIS, SHRI.M.A.AHAMMAD SAHEER, SRI.MUHAMMED YASIL, SMT.AAGI JOHNY
For the Respondents: SMT SEETHA S

The Court directed that bail applications must be considered expeditiously upon the petitioner's surrender, highlighting procedural compliance and urgency in judicial processes.

Headnote:This case examines the petitioner's apprehension regarding judicial custody upon surrender in a criminal matter, citing sections of the Indian Penal Code. The Court permits the petitioner to surrender within ten days, directing the Trial Court to consider bail applications promptly upon surrender. The primary issue framed was the petitioner’s ability to ensure bail consideration upon surrender. The Court’s reasoning emphasized expeditious treatment of surrender and bail.

Result: The Crl.M.C is disposed of with directions to the Trial Court as outlined.

Table of Content
1. petitioner's surrender and bail framework. (Para 1)
2. petitioner's concern regarding judicial custody. (Para 2 , 3)
3. court's directive for prompt bail application consideration. (Para 4)

O R D E R

The petitioner is the sole accused in C.P. No.

39/2020 on the file of the Court of the Judicial First Class Magistrate, Chavakkad (‘Trial Court’, for short), which has originated from Crime No. 170/2020 registered by the Chavakkad Police Station, Thrissur District, alleging the commission of offences punishable under Sections 341 , 324, 294(b), 506 and 308 of the Indian Penal Code .

2. The petitioner states that he was unable to appear before the jurisdictional Magistrate since he was out of station. The petitioner has reliably learnt that the case against him has been transferred to the long pending register and has been numbered as L.P. No. 65/2022. 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 within ten days from today. If the petitioner surrenders before the Trial Court and files applications to recall the non-bailable warrant and enlarge him on bail, after serving advance copies on the learned Public Prosecutor, 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.

Sd/-

C.S.DIAS, JUDGE mtk APPENDIX OF CRL.MC NO. 372 OF 2026 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR DATED 17.03.2020 IN CRIME NO. 170/2020 OF CHAVAKKAD POLICE STATION Annexure A2 TRUE COPY OF THE E-COURT CASE STATUS IN CP NO.39/2020 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHAVAKKAD

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