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2026 Supreme(Online)(Ker) 5018

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SOORAJ P S – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 493 OF 2026 | SC NO.760 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH, SMT.R.K.CHIRUTHA, SMT.ANJANA SURESH.E, SMT.REETHU JACOB, SMT.HASNA JABIL, SMT.ANJITHA S.
For the Respondents: Public Prosecutor

Court mandates prompt consideration of bail applications upon surrender, following procedural provisions under BNSS.

Headnote:The judgment analyzes the procedure under Section 528 of BNSS regarding bail applications, concerning the accused's request for prompt consideration for bail after surrender due to his employment abroad. The court found that the situation warranted a directive for the Special Judge to timely address the bail plea. The issues framed included the accused's ability to attend court and the appropriate response from the court. Ultimately, the court directed that upon surrender, the bail application should be considered on the date of filing.

Table of Content
1. bail application procedures under bnss. (Para 1)
2. accused's reasons for delay in court attendance. (Para 2)
3. court directive for timely consideration of bail. (Para 3)

ORDER

Dated this the 30th day of January, 2026 The petitioner who is the sole accused in S.C.No.760/2025 on the file of the Fast Track Special Court, Kunnamkulam, arising out of Crime No.1098/2024 of Vadakkekad police station, filed this Crl.M.C. under Section 528 of BNSS , praying for directing the learned Special Judge to consider the bail application being filed by him on the date of filing itself.

2. According to the learned counsel, the petitioner is employed in abroad and hence he could not attend the court in time which resulted in issuing coercive steps against him. He is ready to surrender before the learned Special Judge within a period of 15 days from today.

3. In the above circumstances, after hearing the learned Public Prosecutor as well as the learned counsel for the petitioner, I deem it appropriate to dispose of this Crl.M.C., with a direction to the petitioner to surrender before the learned Special Judge, within a period of 15 days from today and a further direction to the learned Special Judge that in case the petitioner surrenders as above, and moves the bail application after serving copy to the Public Prosecutor in advance, the same shall be considered and disposed of on the date of filing itself.

Sd/-

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