The court emphasized the balance between a defendant's right to liberty and the need for judicial process, allowing conditions for appearance to ensure compliance.

O R D E R Dated this the 13^th day of February, 2026 The petitioner is the 1^st accused in C.C.No.876/2021 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, (Trial Court), which has originated from O.R. No. 6/2016 registered by the 2^nd respondent alleging the commission of the offences punishable under Sections 132 and 135 of the Indian Penal Code .

2. The petitioner has stated in the Criminal Miscellaneous Case that, he was enlarged on bail at the crime stage. Subsequently, he obtained permission from this Court to release his passport and to travel of Saudi Arabia. However, the petitioner could not obtain leave from his employer to return back to India and be present before the Trial Court. Consequently, the Trial Court has issued a non-bailable warrant against the petitioner. The petitioner is willing to appear before the Trial Court and to recall the non-bailable warrant. However, the petitioner is apprehensive that the Trial Court may cancel his bail bond and remand him 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 second respondent within ten days from today, and on the very same day 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/-