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2026 Supreme(Online)(Ker) 10205
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MOHAMMED HANEEF – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1154 OF 2026
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RITHIK S.ANAND, SHRI.RISHI VARMA T.R., SHRI.SREEJITH A., SMT.TEENA M. ASHOK, SMT.ALFIYA SHAMSUDHEEN
For the Respondents: SR.PP. SRI.C.S. HRITHWIK
Court allows petitioners to surrender and seek bail, directing prompt consideration of their applications by the Trial Court.
Headnote:The petitioners, accused in LPC No.49/2015, face non-bailable warrants stemming from Crime No.242/2005 for offences under IPC sections 380 and 411. They seek bail to prevent custody post-surrender. The Court permits applications to recall warrants and secure bail, mandating a timely hearing by the Trial Court. The final order clarifies that such applications must be adjudicated on merits without delay.
| Table of Content |
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| 1. petitioners face warrants and seek bail after case transfer. (Para 2) |
| 2. counsel arguments presented for petitioners' bail. (Para 3) |
| 3. court permits stay on arrest and bail application. (Para 4) |
Dated this the 16thday of February, 2026 ORDER The petitioners are the accused 1 and 2 in LPC No.49/2015 on the file of the Court of the Judicial First Class Magistrate, Thalassery (Trial Court), which has originated from Crime No.242/2005 registered by the Thalassery Police Station, Kannur, alleging the commission of the offences punishable under Sections 380 and 411 of theIndian Penal Code.
2. The petitioners have stated in the Criminal Miscellaneous Case that, they have got themselves enlarged on bail at the crime stage. Thereafter, the petitioners did not receive any summons from the Trial Court. Recently, the petitioners have learnt that non- bailable warrants have been issued against them and the case has been transferred to the Long Pending Register. Likewise, steps under Sections 82 and 83 of the Code of Criminal Procedure have also been initiated against the petitioners. The petitioners are willing to surrender before the Trial Court and get themselves enlarged on bail. However, the petitioners are apprehensive that their applications may not be considered on the date of surrender and they may be remanded to judicial custody.
Hence, the Crl.M.C.
3. I have heard the learned counsel for the petitioners and the learned Public Prosecutor
4. On a consideration of the facts and materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C, by permitting the petitioners to file applications before the Trial Court to get themselves enlarged on bail, to recall non-bailable warrant, and steps under Sections 82 and 83 of the Cr.P.C, within a week from today, after serving advance copies on the Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider the applications on its merits, in accordance with law, preferably on the same day the petitioners surrender before the Trial Court.
SD/-
