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2026 Supreme(Online)(Ker) 58922

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Satheesh – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7470 OF 2026



Advocates:
For the Appellants/Petitioners: Manu Harshakumar
For the Respondents: Dalbi Emmanuel P

The Court permitted the petitioner to surrender before the Trial Court and file applications for bail and recall of non-bailable warrant, directing the Trial Court to dispose of such applications in accordance with law without commenting on the merits of the case.

Headnote:(A) Criminal Procedure - Surrender and Bail - Permission to surrender before the Trial Court and file applications for bail and recall of non-bailable warrant is granted, directing the Trial Court to consider such applications in accordance with law. (Para 3)

Issues: Whether the petitioner should be permitted to surrender before the Trial Court and have his bail and warrant recall applications considered.

CRL.MC NO. 7470 OF 2026

CRIME NO.565/2011 OF Koipuram Police Station,

Pathanamthitta

AGAINST THE ORDER/JUDGMENT DATED IN LP NO.12 OF 2019

OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV/RENT

CONTROL APPELLATE AUTHORITY, PATHANAMTHITTA / IV ADDL.

M.A.C.T.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 8th day of September, 2026

ORDER

The petitioner is the 6th accused in L.P.No.12/2019 on the file of the Additional Sessions Court-IV, Pathanamthitta (Trial Court), which has originated from Crime No.565/2011 registered by the Koipuram Police Station, Pathanamthitta, alleging that the accused persons have committed the offences punishable under Sections 143, 147, 148, 447, 308 and302 r/w Section 149 of the Indian Penal Code.

2. It is the petitioner’s case that he along withhis mother had escaped from his native place due to the threat of the local people. The petitioner has reliably learnt that the other accused in the crime have been acquitted. 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 beremanded to judicial custody. Hence, this petition.

3. I have heard the learned counsel for thepetitioner and the learned Public ProsecutorOn a consideration of the facts and materialson 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 within ten days from today and file applications before the Trial Court to get himself enlarged on bail and to recall non- bailable warrant, after serving advance copies on the Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider and dispose of the applications in accordance with law, preferably on the same day the petitioner surrenders before the Trial Court. It is made clear that this Court has not expressed anything on the merits of the crime and the Trial Court shall, at its solediscretion, decide upon the applications.

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