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2026 Supreme(Online)(Ker) 9567

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BONY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1231 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.MOHAMMED ASHRAF
For the Respondents: SR PP SMT SEETHA S

The court emphasizes the importance of procedural fairness and timely consideration of bail applications by the Trial Court.

Headnote:This judgment relates to CRL.MC NO.1231 OF 2026 concerning a petitioner accused under Section 22(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner alleged wrongful implication and sought to quash proceedings. The court allowed surrender and directed the Trial Court to consider bail applications promptly. The ruling emphasizes procedural adherence during the application for bail.

Table of Content
1. petitioner alleges wrongful implication in a drug-related offence. (Para 1 , 2)
2. court allows bail application and emphasizes procedural rights. (Para 3)

ORDER

The petitioner is the 2nd accused in Crime No.26/2020 registered by the Excise Range Office, Thrissur, alleging the commission of the offences punishable under Section 22 (b) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

2. The petitioner has stated in the criminal miscellaneous case that he has been falsely implicated in the above crime. However, pursuant to the summons issued by the Additional Sessions Judge-IV, Thrissur, (‘Trial Court’, in short) the petitioner had got himself enlarged on bail. Subsequently, he was advised to file a criminal miscellaneous case before this Court to quash the proceedings. The petitioner was under the bona fide belief that the proceedings have been stayed. Recently, the petitioner has learnt that a non-bailable warrant has been issued against him. The petitioner is willing to surrender before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his application may not be considered on the date of his 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.

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, by permitting the petitioner to surrender before the Trial Court within ten days from today (12.02.2026), and file applications recall the non-bailable warrant and to enlarge him on bail, after serving advance copies on the learned Public Prosecutor. If such applications are filed, within the prescribed time period, the Trial Court is directed to consider and the dispose the applications, in accordance with law, preferably on the very same day the petitioner surrenders before the said Court.

Sd/-

C.S.DIAS, JUDGE SCB.12.02.26.

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE CRIME AND OCCURRENCE REPORT DATED 29.09.2020 ALONG WITH THE FINAL REPORT DATED 16.10.2023 FILED BEFORE THE HON’BLE SESSIONS COURT, THRISSUR IN S.C. NO. 1214/2023 Annexure A2 A TRUE COPY OF THE PROCEEDINGS BEFORE THE HON’BLE IV ADDITIONAL DISTRICT AND SESSIONS COURT THRISSUR IN S.C. NO. 1214/2023 AS RETRIEVED FROM THE DCMS PORTAL

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