The court underscores the importance of allowing an accused to surrender and apply for bail while ensuring the law is faithfully followed in such processes.

Dated this the 12^th day of March, 2026 ORDER The petitioner is the accused in S.T. No.275/2017 on the file of the Court of the Judicial First Class Magistrate-II, Kodungallur (Trial Court), which has been filed by the 2^nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments, Act, 1881.

2. The petitioner has stated in the Criminal Miscellaneous Case that, due to unavoidable circumstances, the petitioner could not appear before the Trial Court. The petitioner has reliably learnt that the case against him has been transferred to the Long Pending Register, steps under Sections 82 and 83 of the Code of Criminal Procedure have been initiated and a non-bailable warrant has been issued against him. The petitioner is ready and willing to appear before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his applications may not be considered on the date of surrender and he may be remanded to judicial custody. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor

4. On a consideration of the facts and materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C, by permitting the petitioner to surrender before the Trial Court within ten days from today and file applications before the Trial Court to get himself enlarged on bail, and to recall non- bailable warrant, after serving advance copies on the Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider and dispose the applications in accordance with law, preferably on the same day the petitioner surrenders before the Trial Court.

Sd/-