IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MURALI MENON – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3007 OF 2026
| Table of Content |
|---|
| 1. procedure for bail in the context of a non-bailable warrant. (Para 1 , 2) |
| 2. court's provision for timely consideration of bail applications upon surrender. (Para 3) |
C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 3007 of 2026 -----------------------------------------------
Dated this the 31st day of March, 2026 ORDER The petitioner is the accused in CC No.485/2016 on the file of the Special Court of Judicial First Class Magistrate for the Trial of Cases under Section 138 of the NI Act, 1881, Ernakulam (Trial Court), which has been filed by the 2nd respondent alleging the commission of the offence punishable under of the Negotiable Instruments Act .
2. The petitioner has stated in the Criminal Miscellaneous Case that, although he had got himself enlarged on bail, there was no sitting in the Trial Court. Subsequently, he did not appear before the said Court. The petitioner has learnt that a non-bailable warrant has been issued against him. The petitioner is suffering from various ailments. 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 application may not be considered on the day 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.
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 the 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 the applications, in accordance with the law, on the very same day the petitioner surrenders before the Trial Court.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.