The court directed the Trial Court to consider the petitioner's applications for recalling the non-bailable warrant and for bail on the day of surrender, keeping the warrant in abeyance until the specified date.

AGAINST THE ORDER/JUDGMENT DATED IN ST NO.161 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANIORDER/JUDGMENT DATED IN ST NO.161 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI ARISING OUT OF THE ORDER/JUDGMENT DATED IN LP NO.30 OF 2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI

PETITIONER/ACCUSED:

NOWSHAD PM

AGED 53 YEARS

S/O MOHAMMEDKUTTY, ELAYADATHPUTAEN VEETTIL, PUNNA,

CHAVAKKAD, THRISSUR, PIN - 680506

BY ADV SHRI.MOHEMED FAVAS

RESPONDENT:

STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF

KERALA, ERNAKULAM, PIN – 682031

PP SRI. DALBI EMMANUEL P

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 15th day of September, 2026

The petitioner is the accused in L.P.No.30/2026 in S.T. No. 161/2020 on the file of the Court of the Judicial First Class Magistrate-I, Ponnani, (‘Trial Court’, in short), which has been registered on the basis of a complaint filed against the petitioner alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. It is the petitioner’s case that he was totally unaware of the pendency of the above complaint. The petitioner was not served with any summons. The petitioner has reliably learnt that a non-bailable warrant is pending against him and the case has been transferred to the Long Pending Register. 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.

3. 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 Trial Court on or before 24.09.2026.

ii). On the petitioner surrendering before the Trial Court, and filing applications to recall the non- bailable warrant and to enlarge him on bail, the Trial Court shall consider the applications, in accordance with law, on the very same day the petitioner surrenders before the Trial Court.

iii). In order to enable the petitioner to surrender before the Trial Court, the non-bailable warrant issued against the petitioner shall be kept in abeyance till 24.09.2026.