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2026 Supreme(Online)(Ker) 23578
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
For the Appellants/Petitioners: SRI.S.SUNIL KUMAR, SMT.LEKSHMI S.SEKHER, SRI.K.J.SUNIL
For the Respondents: PP.SRI.M.P.PRASANTH
The court emphasized the procedural rights of the accused concerning non-bailable warrants and bail applications, ensuring timely judicial consideration.
Headnote:Statute Analysis: The judgment pertains to the Negotiable Instruments Act, specifically Section 138. Facts: The accused, Murali Menon, faced a non-bailable warrant due to non-appearance before the Trial Court, where a complaint had been initiated. Findings: The court allowed the accused to surrender and file bail applications.
Issues: The court reframed the matter of the accused's surrender and the implications of a non-bailable warrant.
Ratio Decidendi: The court acknowledged the need for a speedy hearing and bail consideration upon surrender.
Result: The court permitted the petitioner to surrender within ten days and directed the Trial Court to decide on bail applications promptly.
| Table of Content |
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| 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.
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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.
