Shameer Shamsudeen vs State Of Kerala & Anr.

C.S.Dias, J.

The petitioner is the 4^th accused in C.C.No.102/2018 on the file of the Court of the Judicial First Class Magistrate -I, Njarakkal (‘Trial Court’, in short), which has arisen from Crime No.1002/2016 registered by the Njarakkal Police Station, alleging the commission of the offences punishable under Sections 454, 461 and 380 read with Section 34 of the Indian Penal Code,1860.

It is the petitioner’s case that he is an accused in the above case. He was unaware of the pendency of the case. The petitioner has not received any summons from the Trial Court. He has reliably learnt that a non-bailable warrant has been issued against him and steps under Sections 82 and 83 Cr.P.C is also pending 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. The petitioner is proposes to return to Indian on 01.10.2026. 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 Investigating Officer in Crime No.1002/2016 on the day he returns to India, which shall be on or before 03.10.2026.

ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that he surrenders before the Trial Court within three days from the date of his arrival. However, the Investigating Officer shall not enforce the LOC/NBW.

iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the LOC/NBW and to enlarge him 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 LOC/NBW issued against the petitioner shall be kept in abeyance till 05.10.2026, provided the petitioner appears before the Investigating Officer on the day he returns to India, and surrenders before the Trial Court within three days thereafter.