Back
2026 Supreme(Online)(Ker) 56024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Jincy Mathew – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7144 OF 2026
For the Appellants/Petitioners: T.G. Sunil, Syam K.P., Ashish Gopal K G, Remya Velayudhan, P.Muhammed Shiyas, Vinimol V.S., Namitha Prasad, Liji Esahak
For the Respondents: Devadas H. Mallan
The court may keep a non-bailable warrant in abeyance and direct the accused to surrender before the trial court to ensure the right to apply for bail without immediate remand, particularly when summons were not served.
Headnote:(A) Criminal Procedure - Non-Bailable Warrant (NBW) - Non-service of summons - Where an accused is unaware of proceedings and an NBW has been issued, the Court may keep the warrant in abeyance to facilitate surrender and the filing of a bail application to prevent unnecessary remand. (Para 2, 5)
Issues: Whether the non-bailable warrant issued against the petitioner should be kept in abeyance to allow her to surrender and apply for bail.
AGAINST THE ORDER/JUDGMENT DATED IN OTHERS 0/0 IN LP NO.55 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS I, PERUMBAVOORORDER/JUDGMENT DATED IN OTHERS 0/0 IN LP NO.55 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS I ,PERUMBAVOOR ARISING OUT OF THE ORDER/JUDGMENT DATED IN ST NO.89 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS I ,PERUMBAVOOR
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.
Crl.M.C. No.7144 of 2026
Dated this the 20th day of August, 2026
ORDER
The petitioner is the accused in LP No.55/2025 on the file of the Court of the Judicial First Class Magistrate-I, Perumbavoor (‘Trial Court’), which has been registered on the basis of a complaint filed under Section 138 of the Negotiable Instruments Act.
The petitioner states that she has not been served with any summons by the Trial Court. The petitioner was totally unaware of the pendency of the case. The petitioner has learnt that a non-bailable warrant (NBW) has been issued against her. The petitioner is ready and willing to surrender before the Trial Court and get herself enlarged on bail. However, the petitioner is apprehensive that her application may not be considered on the same date and she may be remanded to judicial custody. Hence, the Crl.M.C.
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 jurisdictional Station House Officer (‘SHO’, in short) in LP No.55/2025 on on or before 24.08.2026.
ii). The SHO is directed to obtain the phone number, address and the other details of the petitioner, and ensure that she surrenders before the Trial Court within two days from the date of her appearance. However, the SHO shall not enforce the NBW.
iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the NBW and to enlarge her 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 NBW issued against the petitioner shall be kept in abeyance till 30.08.2026, provided the petitioner appears before the Investigating Officer on or before 24.08.2026, and surrenders before the Trial Court within three days thereafter.
