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2026 Supreme(Online)(Ker) 15846

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
CHANDRABABU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2007 OF 2026 | CC NO.1137 OF 2019



Advocates:
For the Appellants/Petitioners: SRI.JOSEPH GEORGE, SHRI.P.A.REJIMON, SMT.NIKITA NAIR C.S., SHRI.VIVEKJOS PUTHUKULANGARA, SMT.MAHIMA MERINE REJI, SMT.TREASA ANN JOHN
For the Respondents: SMT. BINDU.O.V

Court mandated that bail applications must be considered promptly upon surrendering, ensuring a fair legal process.

Headnote:According to Section 528 of B.N.S.S., the petitioner, the 1st accused in C.C.No.1137/2019, sought a direction from the Court to ensure that if he surrenders and files a bail application, it should be considered on the same day. The petitioner was unaware of the case's pendency, which led to coercive action against him. The Court ordered the petitioner to surrender within 15 days and stated that the bail application must be decided on the date of its filing. The judgment emphasized the need for prompt consideration of bail applications when surrendering voluntarily. Thus, if the petitioner surrenders as ordered, the Magistrate is directed to dispose of the bail application on the filing date.

Table of Content
1. the need for timely bail application consideration. (Para 1 , 2)

ORDER

Dated this the 5th day of March, 2026 The 1st accused in C.C.No.1137/2019 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta, arising out of Crime No.150/2012 of Konni police station, now pending as L.P.No.76/2022 filed this Crl.M.C. under Section 528 of B.N.S.S. , praying for a direction to the learned Magistrate that in case he surrenders and moves a bail application, the bail application be considered on the date of filing itself.

2. According to the learned counsel for the petitioner, the petitioner was not aware of the pendency of this case, which resulted in issuing coercive steps against him. He is ready to surrender before the learned Magistrate within a period of 15 days. His apprehension is that, in case he surrenders and moves the bail application, the same will not be considered by the learned Magistrate on the date of filing itself. 3. Upon hearing the learned Public Prosecutor as well as the learned counsel for the petitioner, I deem it appropriate to dispose of this Crl.M.C. with a direction to the petitioner to surrender before the learned Magistrate within a period of 15 days from today, and a further direction to the learned Magistrate that, in case the petitioner surrenders as above, and moves the bail application after serving copy to the Public Prosecutor in advance, the same shall be disposed of on the date of filing itself.

Sd/-

C. PRATHEEP KUMAR, JUDGE

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