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2026 Supreme(Online)(Ker) 5483

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MOHAMMED RASHID – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 916 OF 2026 | L.P.NO.52 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.K.M.FIROZ
For the Respondents: SMT.BINDU O.V.

Judicial discretion mandates timely consideration of bail applications to ensure justice and prevent undue coercive measures against the accused.

Headnote:The petitioner, the sole accused in L.P.No.52/2024, sought a direction to the Special Court to consider his bail application upon surrender as he was abroad when the FIR was registered. The court ordered that upon his surrender within 15 days, the bail application must be considered on the same day; meanwhile, coercive steps against him are halted for 15 days. The court emphasized the necessity to ensure judicial fairness and timely consideration of bail applications in such circumstances.

Table of Content
1. petitioner's circumstances regarding the fir registration. (Para 1)
2. implications of timely surrender and bail application. (Para 2)
3. court's directive to consider bail application. (Para 3)

ORDER

Dated this the 31st day of January, 2026 The petitioner who is the sole accused in L.P.No.52/2024 on the file of the Fast Track Special Court, Parappanangadi, arising out of Crime No.226/2024 of Vengara police station, filed this Crl.M.C. under Section 528 of BNSS , praying for a direction to the Special Court to consider the bail application, to be preferred by the petitioner on the date of surrender itself.

2. According to the learned counsel, the petitioner went abroad on 09.11.2023 and the FIR was registered only thereafter on 04.03.2024. Therefore, he could not appear before the Special 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. His apprehension is that, in case he surrenders and moves the bail application, the learned Special Judge may not consider the same on the date of filing itself.

3. Upon considering the relief claimed and 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.

In the meantime, coercive steps initiated against the petitioner shall be kept in abeyance for a period of 15 days.

Sd/-

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