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2026 Supreme(Online)(Ker) 13460

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JAMESKUTTY KURIAN @ JAMESKUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.M.JOSHI, SHRI. C. GOKULKRISHNAN, SMT.SRUTHI SUNILKUMAR
For the Respondents: SRI.E C BINEESH, PUBLIC PROSECUTOR

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 i

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