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2026 Supreme(Online)(Ker) 56012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Thomas Kutty – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6239 OF 2026
For the Appellants/Petitioners: K. Rakesh
For the Respondents: Dalbi Emmanuel P., C.R. Shyam Kumar
A petition to quash criminal proceedings may be dismissed if the petitioner fails to comply with a court's direction to surrender before the trial court, particularly when a non-bailable warrant is pending against them.
Headnote:(A) Criminal Procedure - Quashing of Proceedings - Non-compliance with court direction - Dismissal of petition for failure to surrender before the Trial Court despite specific directions and pending non-bailable warrant. (Para 2)
Issues: Whether a petition to quash criminal proceedings can be entertained when the petitioner fails to comply with a court's direction to surrender before the trial court.
| Table of Content |
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| 1. requirement of surrender before the trial court as a prerequisite for seeking relief in a quash petition when a non-bailable warrant is pending. (Para 1 , 2) |
CRIME NO.2/2009 OF Nilambur Forest Range Office, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.625 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II (FOREST OFFENCES), MANJERI
PETITIONER/ACCUSED NO.3:
THOMAS KUTTY,
AGED 58 YEARS
S/O. ABRAHAM, VALLOMTHARA PUTHANPURAYKAL HOUSE,
RAMAMKUTH, NILAMBUR P.O., MALAPPURAM DISTRICT, PIN - 679329
BY ADV SRI.K.RAKESH
RESPONDENT/STATE AND COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE RANGE OFFICER ,
NILAMBUR FOREST RANGE OFFICE, NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329
PP.SRI.DALBI EMMANUEL P., SRI.C.R.SHYAM KUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS, J.
ORDER
The criminal miscellaneous case is filed to quash Annexure A report and all further proceeding in C.C.No. 625/2025 on the file of the Court of the Judicial First Class Magistrate -II (Forest Offences) Manjeri, (Trial Court), on the assertion that the co-accused in the crime have been acquitted by Annexure B judgment.
2. When the Crl.M.C was case up for consideration on 06.08.2026, this Court taking note of the communication of the Trial Court that a non-bailable warrant is pending against the petitioner and sanction is awaited to transfer the case to the long pending register, and the principles laid down by the Hon’ble Supreme in Balmukund Singh Gautam vs State of Madhya Pradesh [2026 KHC 6125], directed the petitioner to surrender before the Trial Court within two weeks from the date of order. It is conceded by both sides that the petitioner has not complied with the directions in the above order.
In light of the above, the Crl.M.C is dismissed. But, by reserving the right of the petitioner to file a fresh Crl.M.C on the same cause of action after he surrenders before the Trial Court and get himself enlarged on bail
