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2026 Supreme(Online)(Ker) 59506
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Aneesh – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7576 OF 2026
For the Appellants/Petitioners: K.V. Anil Kumar, Nijaz Jaleel
For the Respondents: Zubair Pulik kool
The court permitted the petitioner to surrender before the Trial Court and file applications to recall a non-bailable warrant and for bail, directing the Trial Court to dispose of such applications expeditiously upon surrender.
Headnote:(A) Criminal Procedure - Non-Bailable Warrant - Surrender of Accused - Petitioner permitted to surrender before the Trial Court and file applications to recall the NBW and for bail, with a direction to the Trial Court to consider and dispose of such applications expeditiously. (Para 4)
Issues: Whether the petitioner can be permitted to surrender and move applications for recall of NBW and bail without immediate remand.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 10th day of September, 2026
The petitioner is the first accused in L.P.No.06/2025 in S.C. No. 1001/2021 on the file of the Assistant Sessions Court, Kottarakkara (‘Trial Court’, for short), which has originated from Crime No. 937/2020 registered by the Pooyappally Police Station, Kollam District, for allegedly committing the offences under Sections 452, 294(b), 323, 324, 308 and 427 read with Section 34 of the Indian Penal Code and Section 5 of the Kerala Epidemic Diseases Ordinance, 2020 .
The petitioner has stated in the Criminal Miscellaneous Case that, he was enlarged on bail by the Trial Court. But, he had moved to Karnataka for the purpose of employment. The petitioner has reliably learnt that the case against him has been split up and a non-bailable warrant (NBW) has been issued against him. The petitioner is ready and willing to surrender before the Trial Court and file applications to recall the NBW and also get himself enlarged on bail. Nonetheless, the petitioner is apprehensive that the applications may not be considered on the date of surrender, and he may be remanded to judicial custody. Hence, the Crl.M.C.
I have heard the learned Counsel appearing 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. by permitting the petitioner to surrender before the Trial Court within a week from today and file applications to recall the NBW and to enlarge him on bail, provided he serves advanced copies of the applications to the learned Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider and dispose the applications in accordance with law and as expeditiously as possible, preferably on the same day the petitioner surrenders before the Trial Court. It is made clear that this Court has not gone into merits of the proposed applications.
