The court allows surrender of the accused and directs timely application for bail consideration.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 23^RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947 CRL.MC NO. 1536 OF 2026 CRIME NO.39/2009 OF Kasaragod Police Station, Kasargod AGAINST THE ORDER/JUDGMENT DATED IN LP NO.46 OF 2017 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD PETITIONER/ACCUSED NO.3:

PRASAD AGED 37 YEARS RESIDING NEAR NARAYANA MADAM, ADKATHBAIL, KADAPPURAM, ADKATHBAIL VILLAGE, KASARAGOD DISTRICT, PIN - 671121 BY ADV SHRI.GODWIN JOSEPH RESPONDENTS/STATE AND COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 STATION HOUSE OFFICER KASARAGOD POLICE STATION, KASARAGOD, PIN – 671121 PP. SRI. M.P.PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

23.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 23^rd day of February, 2026 ORDER The petitioner is the accused in L.P. No.46/2017 on the file of the Court of the Chief Judicial Magistrate, Kasaragod (Trial Court), which has originated from Crime No.39/2009 registered by the Kasaragod Police Station.

2. The petitioner has stated in the Criminal Miscellaneous Case that, although he was enlarged on bail at the crime stage, he did not receive any summons from the Trial Court. Subsequently, he went abroad for the purpose of his employment. Now, the petitioner has learnt that a non-bailable warrant has been issued against him, and steps under Sections 82 and 83 of the Code of Criminal Procedure have also been initiated against him. The petitioner has also learnt that the other co-accused in the crime have been acquitted by the Trial Court. The petitioner now returned back to India and proposes to surrender before the Trial Court. However, the petitioner is apprehensive that his applications 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

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 petitioner to surrender before the Trial Court and file applications before the Trial Court to get himself enlarged on bail, to recall non-bailable warrant, and the steps initiated 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 their merits, in accordance with law, preferably on the same day the petitioner surrenders before the Trial Court.

Sd/-