The Court provided a path for the accused to surrender and seek bail without enforcement of the non-bailable warrant, balancing rights and legal procedures.

Dated this the 23^rd day of February, 2026 ORDER The petitioner is the accused in C.C. No.151/2022 on the file of the Court of the Chief Judicial Magistrate, Kasaragod (Trial Court),which has originated from Crime No. 10/2016 Kasaragod Police Station, (Vigilance & Anti Corruption Bureau), alleging the commission of the offence punishable under Section 420 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, the case was adjourned for framing of charge. However, as petitioner is permanently employed abroad, he could not appear before the Trial Court. 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 same day 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.10/2016 on the day he returns to India, which shall be within a week from today.

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/-