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2026 Supreme(Online)(Ker) 59507
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Ummer Farooq – Appellant
Versus
Superintendent of Customs – Respondent
CRL.MC NO. 7587 OF 2026
For the Appellants/Petitioners: Anjali Menon
For the Respondents: Zubair Pulik kool
The court directed an accused residing abroad to surrender before the Trial Court, keeping the Non-Bailable Warrant and Look Out Circular in abeyance for a specific period, and instructed the Trial Court to consider bail and recall applications upon surrender.
Headnote:(A) Criminal Procedure - Surrender and Bail - Petitioner residing abroad seeking direction for consideration of bail application upon surrender - Court directed the petitioner to appear before the Trial Court and ordered the Trial Court to consider applications for recalling Non-Bailable Warrant (NBW) and Look Out Circular (LOC) and for bail in accordance with law. (Para 4)
Issues: Whether the petitioner should be granted a window to surrender and have his bail application considered by the Trial Court.
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.543 OF 2025 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
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 an accused in C.C.No. 543/2025on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam (‘Trial Court’, for short), alleging the commission of the offences punishable under Sections 132 and 135 of the CustomsAct.
It is the case of the petitioner that he is presentlyin the United Arab Emirates. He has reliably learnt that a non-bailable warrant has been issued against him. 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 be remanded to judicial custody. Hence, the Crl.M.C.
I have heard the learned counsel appearing forthe petitioner and the learned Standing Counsel appearing for the respondent.
On a consideration of the facts and thematerials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C in thefollowing manner:
i). The petitioner is directed to appear before the Trial Court on or before16.09.2026.
ii). The NBW/ look out circular (LOC)issued against the petitioner shall be kept in abeyance till 17.09.2026.
iii). On the petitioner surrendering before the Trial Court, and filing applications to recall NBW/ LOC and to enlarge him on bail, after serving advanced copies of the applications on the learned Public Prosecutor, the Trial Court shall consider the applications, in accordance with law, preferably on the day that the petitioner surrenders before the Trial Court.
iv). It is made clear that this Court has not expressed anything on the merits ofthe proposed applications.
