The court facilitates the surrender of an accused by regulating the enforcement of non-bailable warrants to allow for bail applications.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 13^TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947 CRL.MC NO. 1280 OF 2026 CRIME NO.540/2004 OF Balaramapuram Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT DATED IN LP NO.75 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA ARISING OUT OF THE ORDER/JUDGMENT DATED IN CC NO.476 OF 2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA PETITIONER/8TH ACCUSED:

SAJI. J. A AGED 46 YEARS S/O. ANSALAM ALIAS RAJU, DOOR NO. B.P.XI/358, THOTTATHUVILAKOM HOUSE, RC STREET, BALARAMAPURAM PO, KOTTUKAL (PART), THIRUVANANTHAPURAM, PIN -

695501 BY ADVS.

SMT.ROSHINI S.GOPI SHRI.SHYAMLAL.S RESPONDENT/COMPLAINANT:

STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OFKERALA, ERNAKULAM, KOCHI, PIN – 682031SR.PP. SRI.C.S.HRITHWIKTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 13^th day of February, 2026 The petitioner is the accused in L.P. No.75/2025 on the file of the Court of the Judicial First Class Magistrate-III, Neyyattinkara (Trial Court), which is originally numbered as C.C.No.476/2006 and which has originated from Crime No. 540/2004 registered by the Balaramapuram Police Station, Thiruvananthapuram.

2. The petitioner contends that he was totally unaware of the pendency of the crime. Recently, the petitioner has learnt that a non-bailable warrant has been issued against him and proceeding have been initiated under Sections 82 and 83 of the Code of Criminal Procedure . The petitioner proposes to come down to India and get himself enlarged on bail. However, the petitioner is apprehensive that his application 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 in the following manner:

i). The petitioner is directed to appear before the Investigating Officer in Crime No.540/2004, within ten days from today, and on the date he returns to India.

ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that he surrenders before the Trial Court within a week from the date of his appearance. However, the Investigating Officer shall not enforce the non-bailable warrant.

iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the non- bailable warrant and to enlarge him on bail, the Trial Court shall consider the applications, in accordance with law, on the day that the petitioner surrenders before the Trial Court.

iv). In order to enable the petitioner to surrender before the Trial Court, the non-bailable warrant issued against the petitioner shall be kept in abeyance for two weeks from today, provided the petitioner appears before the Investigating Officer on the day he returns to India, and surrenders before the Trial Court within a week thereafter.

Sd/-

C.S.DIAS, JUDGE