The High Court may exercise its inherent powers under Section 482 of the CrPC to direct the Trial Court to consider bail and warrant recall applications on the day of surrender to avoid immediate remand of an accused appearing voluntarily from abroad.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.07.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 10th day of July, 2026

The petitioner is the accused in C.C.No.475/2021 now pending as LP No.15/2025 on the file of the Court of the Chief Judicial Magistrate, Manjeri, (‘Trial Court’, in short), which has arisen from Crime No.473/2013 registered by the Karipur Police Station, Malappuram, alleging the commission of the offences punishable under Sections 468 and 471 of the Indian Penal Code and Section 12(1)(b) of the Passports Act, 1967.

2. The petitioner states that, he is currently employed abroad. He was totally unaware of the pendency of the case. 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 in the following manner:

i). The petitioner is directed to appear before the Investigating Officer in Crime No.473/2013 on the day he returns to India, which shall be within a week from today.

ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that he surrenders before the Trial Court within three days from the date of his arrival. However, the Investigating Officer shall not enforce the non-bailable warrant.

iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the non-bailable warrant and to enlarge him on bail, the Trial Court shall consider the applications, in accordance with law, on the day that the petitioner surrenders before the Trial Court.

iv). In order to enable the petitioner to surrender before the Trial Court, the non-bailable warrant issued against the petitioner shall be kept in abeyance for two weeks from today, provided the petitioner appears before the Investigating Officer on the day he returns to India, and surrenders before the Trial Court within three days thereafter.