IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JYOTHISH KUMAR K – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1632 OF 2026 | CRIME NO.1430/2023
| Table of Content |
|---|
| 1. petitioner accused in a criminal case. (Para 1) |
| 2. petitioner unaware of crime registration and fears custody. (Para 2) |
| 3. court orders investigative compliance and bail considerations. (Para 3) |
ORDER
Dated this the 24th day of February, 2026 The petitioner is the accused in C.C.No.1239/2024 on the file of the Court of the Judicial First Class Magistrate, Ambalappuzha, (‘Trial Court’, in short), which has arisen from Crime No.1430/2023 registered by the Ambalappuzha Police Station alleging commission of the offences punishable under Sections 406 and 420 of the Indian Penal Code .
2. The petitioner has stated in the Criminal Miscellaneous Case that, he was totally unaware of the registration of the crime. Although he filed an application for pre-arrest bail, the same was closed. The petitioner proposes to come down to India and get himself enlarged on bail. However, he has learned that a look-out circular (LOC) has been issued against him and a non-bailable warrant is pending. Therefore, the petitioner is apprehensive that if he surrenders before the Trial Court he may be remanded to judicial custody. Hence, the Crl.M.C.
3. I have heard the learned Counsel for the petitioner, the learned Senior Public Prosecutor and the learned Standing Counsel appearing for the 3rd respondent.
On a consideration of the facts and the materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C in the following manner: i). The petitioner is directed to appear before the Investigating Officer in Crime No.1430/2023 of the Ambalappuzha Police Station on the day he returns to India.
ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that he surrenders before the Trial Court within a week from the date of his appearance. However, the Investigating Officer shall not enforce the LOC.
iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the LOC and to enlarge him on bail, the Trial Court shall consider the applications, in accordance with law, on the day that the petitioner surrenders before the Trial Court.
iv). In order to enable the petitioner to surrender before the Trial Court, the LOC issued against the petitioner shall be kept in abeyance for two weeks from today, provided the petitioner appears before the Investigating Officer on the day he returns to India, and surrenders before the Trial Court within a week thereafter.
Sd/-
C.S.DIAS, JUDGE NAB PETITIONER ANNEXURES ANNEXURE A1 THE CITIZEN COPY OF THE FIR IN CRIME NO.
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