Bail applications of surrendering accused should be heard and decided on merits on the day of surrender.

J U D G M E N T

The petitioner was the second accused in C.C.No.178/2015 on the files of the Judicial First Class Magistrate Court-III, North Paravur. In the aforesaid case, the learned Magistrate rendered a judgment on 04.04.2025 convicting the first accused for the commission of offence under Section 326 of the Indian Penal Code, 1860, and acquitting accused Nos.3 & 4. The case against the present petitioner, who was the second accused, was refiled as C.C.No.1264/2015 since his presence could not be procured during the course of trial.

2. Now, the petitioner seeks to surrender before the Trial Court and abide by the due process of law. Since he apprehends an order of the Trial Court remanding him to judicial custody, the intervention of this Court is sought to pass appropriate orders to ensure that his bail application is considered on merits on the same day of his surrender before the learned Magistrate.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

4. Having regard to the nature of relief sought for by the petitioner in the present petition, I deem it appropriate to dispose of this original petition as follows:

(i) The petitioner shall surrender before the Trial Court within a period of two weeks from today.

(ii) If the petitioner files a bail application upon such surrender as directed above, the learned Magistrate shall consider and pass orders on merit on the aforesaid application following the principles laid down by this Court in Biju S Praveen v. State of Kerala and Another [2007 (2) KLT 280], and also the law laid down by the Apex Court in Dataram Singh v. State of U.P. and Another [2018 (1) KHC 901]

(iii) The warrant ordered against the petitioner shall be kept in abeyance for a period of two weeks from today.