2026 Supreme(Online)(Ker) 55874
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Safna K. P – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7198 OF 2026
For the Appellants/Petitioners: M. Devesh, M. Anuroop, Jyothis Mary, S.K. Sreelakshmy, Murshid Ali M.
For the Respondents: Dalbi Emmanuel P.
The court permitted the petitioner to surrender before the jurisdictional court and directed the court to consider the bail application preferably on the same day to prevent unnecessary judicial custody.
Headnote:(A) Criminal Procedure - Surrender and Bail - Direction to jurisdictional court to consider bail application on the day of surrender to avoid unnecessary remand. (Para 4)
Issues: Whether the petitioner can be permitted to surrender and have her bail application considered on the same day to avoid remand to judicial custody.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Dated this the 21st day of August, 2026
ORDER
The petitioner is the 2nd accused in Crime No. 77/2026 of the Pookottumpadam Police Station, Malappuram, which is registered against the accused persons alleging the commission of the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
It is the petitioner’s case that she has been falsely implicated in the crime. The petitioner proposes to surrender before the Judicial First Class Magistrate Court, Nilambur, (‘jurisdictional court’, in short) and get herself enlarged on bail. However, the petitioner is apprehensive that her application may not be considered on the date of surrender and she may be remanded to judicial custody. Hence, the petition.
I have heard the learned counsel for the petitioner and the learned Public Prosecutor
On a consideration of the facts and materials on record, I dispose of the Crl.M.C, by permitting the petitioner to surrender before the jurisdictional court, within a week from today and file application for bail, after serving advance copies on the Public Prosecutor. If such an application is filed within the prescribed time period, the jurisdictional Court is directed to consider the application, in accordance with law, preferably on the same day the petitioner surrenders before the jurisdictional court. It is made clear that this Court has not expressed anything on the merits of the matter.