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2026 Supreme(Online)(Ker) 13451

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JAYARAJAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH, SMT.R.K.CHIRUTHA, SMT.ANJANA SURESH.E, SMT.REETHU JACOB, SMT.HASNA JABIL, SMT.ANJITHA S., SMT.PRAGATHY PREM NAIR, SMT.MEERA NAIR.I.P, SMT.ANN GINI ROY
For the Respondents: SRI SANAL P RAJ

ORDER

The petitioner is the accused in S.T.No.2418/2025 on the file of the Judicial First Class Magistrate - I, Aluva, (Trial Court), which has been registered on the basis of a complaint filed against petitioner for allegedly committing the offence punishable under Section 138 of the Negotiable Instrument Act ,1881, (‘NI Act’, in short)

2. The petitioner has stated in the criminal miscellaneous case that he had appeared before the Trial Court for mediation. However, as the mediation had failed the petitioner was directed to appear before the Trial Court and get himself enlarged on bail. But, due to the petitioner’s health condition and that he has been advised to undergo a surgery, as discernible from Annexure A4 certificate, the petitioner was unable to appear before the Trial Court. Unmindful of the above aspects, a non-bailable warrant has been issued against him. The petitioner is willing to surrender before the Trial Court and file applications to recall the non- bailable warrant and to get himself enlarged on bail. Nonetheless, the petitioner is apprehensive that, if he surrenders before the Trial Court, his applications may be dismissed and he may be remanded to judicial

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