The court permits a petitioner to surrender and file for bail, mandating expedited consideration of such applications in light of health constraints.

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 custody, especially since he can only surrender within a month from today (26.02.2026) due to his health conditions. 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 peculiar facts and circumstances of the case, 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 within four weeks from today (26.02.2026), and file applications to recall the non-bailable warrant and to enlarge him on bail, after serving advance copies on the learned Public Prosecutor. If such applications are filed, within the four weeks from today, the Trial Court is directed to consider and the dispose the applications, in accordance with law, on the very same day the petitioner surrenders before the said Court.

Sd/-