The court emphasized the necessity of timely consideration for bail applications to uphold procedural fairness in criminal proceedings.

O R D E R

(Dated this the 16th day of March, 2026)

The petitioner who is the sole accused in S.C No.954 of

2024 on the file of Special Court under POCSO Act, Thiruvananthapuram, now pending as L.P No.247 of 2025 filed this Crl.M.C under Section 528 BNSS praying for a direction to the learned Special Judge to consider his bail application on the date of filing itself.

2. According to the learned counsel for the petitioner, during the crime stage, the petitioner was granted bail and thereafter he went abroad in connection with his employment. Since he could not attend the Court in time due to his employment abroad, coercive steps were initiated against him. The offences alleged against the petitioner are under Sections 294 (b), 323, 363, 498A r/w Section 34 of IPC and Section 75 of JJ Act .

3. According to the learned counsel, the above case arose out of a matrimonial dispute and that there is a likelihood of settling the dispute with the de facto complainant. He is ready to surrender before the Special Court. His apprehension is that, in case he surrenders and moves the bail application, the Special Court may not consider the same on the date of filing itself.

After hearing the learned Public Prosecutor as well as the learned counsel for the petitioner, I deem it appropriate to dispose of the Crl.M.C with a direction to the petitioner to surrender before the learned Special Judge, within a period of one month from today and a further direction to the learned Special Judge that, in case the petitioner surrenders as above and moves the bail application after serving copy to the learned Public Prosecutor in advance, the same shall be considered on the date of filing itself.

Sd/-