The court emphasizes the right to a fair trial by allowing the accused to surrender and seek bail applications promptly to avoid judicial custody.

ORDER

The petitioner is the accused in L.P. No.2/2020 (S.T.

No.318/2017) on the file of the Court of the Judicial First Class Magistrate-V, Kannur, (Trial Court), which is registered on a complaint filed by the 2nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act .

2. The petitioner has stated in the Criminal Miscellaneous Case that, the petitioner could not appear before the Trial Court, on the day the complaint was posted for his appearance, due to unavoidable circumstances. The petitioner has learnt that a non-bailable warrant has been issued against him, and the case has been transferred to the Long Pending Register. 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 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 the applications on the very same day the petitioner surrenders before the Trial Court.