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2026 Supreme(Online)(Ker) 12129

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
GIREESH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1566 OF 2026 | CC NO.800 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.AJEESH M UMMER
For the Respondents: PUBLIC PROSECUTOR

The court directed proper procedures for the petitioner’s surrender and bail consideration, while ensuring no enforcement of the lookout circular during this process.

Headnote:The petitioner, settled abroad, was unaware of criminal proceedings against him until applying for a passport. He seeks bail and to prevent arrest upon surrender. The court mandates him to appear before the Investigating Officer upon return to India and stay the lookout circular for two weeks. The Trial Court shall consider bail applications post-surrender. The application is disposed of as stated in the ruling.

Table of Content
1. awareness of criminal charges before application for passport. (Para 1 , 2)
2. court's directives regarding surrender and bail. (Para 3)

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No. 1566 OF 2026 -----------------------------------------------

Dated this the 20th day of February, 2026 ORDER The petitioner is the 1st accused in CC No.800/2023 on the file of the Court of the Judicial Magistrate of First Class- III, Perumbavoor, which has been registered for allegedly committing the offences punishable under Sections 420 and

120(b) read with Section 34 of the Indian Penal Code .

2. The petitioner has stated in the Crl.M.C. that he is settled in China. He was totally unaware of the pendency of the crime. It is only when the petitioner approached the Indian Mission in China to renew his passport that he came to learn about the pendency of the above case. He has also learnt that there is a look out circular (LOC) issued against him in connection with a crime. The petitioner is ready 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.

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.1845/2020 on the 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 arrival in India. However, the Investigating Officer shall not enforce the LOC.

iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the LOC 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.

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