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2026 Supreme(Online)(Ker) 5484

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NASARUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1125 OF 2024|CRIME NO.784/2023|CRMC NO.512 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.KODOTH SREEDHARAN
For the Respondents: SMT. BINDU.O.V, SHRI.CHACKOCHEN VITHAYATHIL, SHRI.ABDUL JALEEL.U.K

A court may allow procedural safeguards for bail applications post-surrender when the accused is unable to attend proceedings.

Headnote:The petitioner seeks quashing of proceedings in Crime No.784 of 2023, with the Public Prosecutor stating the investigation is complete and a Final Report has been filed. The court dismisses the application as infructuous, allowing the petitioner to raise contentions before the trial court. Issues concerned procedural lapses regarding bail considerations. The court directs the petitioner to surrender within 15 days and ensures bail applications are heard promptly upon surrender.

Table of Content
1. petitioner seeks quashing of criminal proceedings. (Para 1 , 2)
2. court acknowledges completed investigation and dismisses application. (Para 3)
3. court provides directives for bail application procedure. (Para 4)

ORDER

Dated this the 31st day of January, 2026 The accused in Crime No.784 of 2023 of Thamarassery Police Station, filed this Crl.M.C, praying for quashing all further proceedings against him in the above crime.

2. The learned Public Prosecutor, upon instructions submitted that, in this case, the Police already completed the investigation and filed Final Report before the Additional District and Sessions Court, Kozhikode.

3. Therefore, this Crl.M.C has become infructuous and it is accordingly dismissed as infructuous, with liberty to the petitioner to raise all contentions before the trial court.

4. At this stage, learned Counsel for the petitioner submitted that, since the petitioner was working abroad, he could not appear before the Sessions Court, which resulted in issuing coercive proceedings against him. The learned Counsel further submitted that the petitioner is ready to surrender before the learned Sessions Judge, within a period of 15 days.

Therefore, he seeks a direction to the learned Sessions Judge to consider and dispose of the bail application to be filed by the petitioner, on the date of filing itself.

Considering the entire facts, there will be a direction to the petitioner to surrender before the learned Sessions Judge within a period of 15 days from today, and a further direction to the learned Sessions Judge that, in case the petitioner surrenders as above and moves an application for bail, 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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