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2026 Supreme(Online)(Ker) 14262

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
PAUL JACOB @ JACOB PAUL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 196 OF 2026 | CRIME NO.1175/2014



Advocates:
For the Appellants/Petitioners: SHRI.LUKE J CHIRAYIL
For the Respondents: SRI. M.P.PRASANTH

A petitioner can withdraw a criminal miscellaneous case while reserving the right to file again under specific conditions.

Headnote:The petitioner seeks dismissal of the Crl.M.C. while retaining the right to file a fresh Crl.M.C. upon returning to India and securing bail. The court records the petitioner’s withdrawal and reserves this right, dismissing the current Crl.M.C as withdrawn. Final order confirms return of documents to petitioner’s counsel.

Table of Content
1. petitioner's rights and court procedures. (Para 1)
2. dismissal of case on withdrawal. (Para 2)

O R D E R Dated this the 24th day of February, 2026 The learned counsel for the petitioner submits that the Crl.M.C may be dismissed as withdrawn, but by reserving the right of the petitioner to file a fresh Crl.M.C. on the same cause of action as and when the petitioner comes down to India and gets himself enlarged on bail.

2. Recording the above submission and reserving the right of the petitioner to file a fresh Crl.M.C on the same cause of action, provided the petitioner surrenders himself before the Trial Court and get himself enlarged on bail, this Crl.M.C is dismissed as withdrawn.

The Registry is directed to return the original documents to the learned counsel for the petitioner in accordance with law.

Sd/-

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