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2026 Supreme(Online)(Ker) 31349

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.Dias, J
Vinodkumar C – Appellant
Versus
State Of Kerala – Respondent
CRL.MC NO. 4395 OF 2026



Advocates:
For the Appellants/Petitioners: P.A.Mujeeb
For the Respondents: M.P.Prasanth

The High Court may issue directions to the Trial Court to consider and dispose of bail and non-bailable warrant recall applications on the very same day of the accused's surrender to prevent unnecessary custodial detention.

Headnote:The case involves an accused seeking the intervention of the High Court to ensure their bail application is processed expeditiously by the trial court following the issuance of a non-bailable warrant due to non-appearance. The petitioner, having previously been granted bail, requested latitude to surrender and seek recall of the warrant without undergoing immediate judicial remand. The core issue is whether the High Court should direct a subordinate court to consider bail and warrant-recall applications on the day of surrender. The ratio decidendi emphasizes the court's judicial discretion to facilitate the ends of justice by ensuring that the trial court considers bail applications promptly to avoid unnecessary custodial detention. The High Court ordered that the petitioner be permitted to surrender within ten days, at which point the trial court is mandated to consider the applications on their merits on the same day.

Table of Content
1. background of the criminal proceedings and the issuance of a non-bailable warrant. (Para 1 , 2)
2. court order directing the trial court to dispose of bail and warrant recall applications on the date of surrender. (Para 3)

ORDER

Dated this the 02nd day of June, 2026 The petitioner is the accused in C.C.No.266/2025 on the file of the Court of the Judicial First Class Magistrate-IV, Kozhikode (‘Trial Court’, in short), which has been originated from Crime No.1607/2024 registered by the Nadakkavu Police Station, Kozhikode.

2. The petitioner has stated in the Crl.M.C that he was enlarged on bail at the crime stage. Subsequently, due to the circumstances beyond his control, he could not appear before the Trial Court. Consequently, a non-bailable warrant has been issued against him. The petitioner is ready and willing to surrender before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his application 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 the 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 and file applications to recall the non-bailable warrant and to enlarge him on bail, after serving advance copies on the learned Public Prosecutor, within ten days from today. If such applications are filed, the Trial Court is directed to consider and dispose of the applications, in accordance with law, on the very same date the petitioner surrenders before the Trial Court.

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