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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JAMESKUTTY KURIAN @ JAMESKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
OP(CRL.) NO. 154 OF 2026 | LPC NO.162 OF 2025
| Table of Content |
|---|
| 1. court's authority to allow surrender under valid reasons. (Para 1 , 2 , 3) |
| 2. consideration of the petitioner's non-appearance due to legitimate health concerns. (Para 4 , 5) |
| 3. court's directive regarding surrender and bail conditions. (Para 6) |
K.BABU, J.
--------------------------------------
O.P (Crl) No.154 of 2026 ---------------------------------------
Dated this the 26th day of February, 2026 JUDGMENT The prayers in this Original Petition (Criminal) filed under Article 227 of the Constitution of India are as follows:
“(i) Issue a direction to the Judicial First-Class Magistrate Court, Thaliparamba, to permit the petitioner to surrender in LPC No.162/2025 arose from S.T. No. 1832/2019 to enable the petitioner get recalling the warrant and bail on the date of surrender itself, in accordance with law;
(ii) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the interests of justice.”
2. The petitioner is the accused in S.T.C No.1832/2019 on the file of the Judicial First Class Magistrate Court, Thaliparamba. He is alleged to have committed the offence punishable under Section
138 of Negotiable Instruments act.
3. Due to non-appearance of the petitioner, the learned Magistrate initiated steps under Sections 82 and 83 of the Cr.PC.
The case has now been placed in the register of long pending cases.
4. The learned counsel for the petitioner submitted that the petitioner was unable to appear before the court in response to the summons, as his mother was not well and he was continuously assisting her. The learned counsel for the petitioner also submitted that the petitioner is prepared to surrender before the learned Magistrate. The learned counsel further submitted that the petitioner is prepared to co-operate with the trial.
5. The learned counsel for the petitioner submitted that the petitioner had participated in the trial and the matter now stands posted for his examination under Section 313 Cr.P.C. The learned counsel for the petitioner submitted that there is no wilful laches on the part of the petitioner.
6. Having regard to the submissions, the petitioner is directed to surrender before the jurisdictional Magistrate on 05.03.2026. If the petitioner makes an application seeking regular bail, the learned Magistrate shall release him on bail on his executing bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties each for the like sum. The petitioner shall regularly appear before the Court.
The Original Petition (Criminal) is disposed of as above.
Sd/-
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