Kerala HC Stays NBW Enforcement After Accused Misses Shifted Courtroom

The Kerala High Court intervened to stay the enforcement of non-bailable warrants against three under-trial prisoners who missed their court call due to a sudden change in court charge, emphasizing the need for a lenient judicial approach in such administrative transitions.

A single-judge bench of Justice C.S. Dias presided over the matter, hearing a petition filed by accused persons facing trial for an offence under Section 302 of the Indian Penal Code. The Court examined whether the issuance of warrants was justified when the accused were present in the court complex but were caught unaware by a transfer of court responsibilities.

Court Directs Lenient View Amidst Administrative Transitions

The Court observed that the petitioners were present at the former court on the scheduled date but could not reach the present court in time once the case was transferred. The Bench noted that the trial court should have considered the peculiar circumstances rather than immediately resorting to coercive measures.

The Court, in its reasoning, observed: "On a consideration of the sequence of events mentioned above, the peculiar facts and circumstances of the case, especially that the case originally posted before the former court and was subsequently transferred to the present court, that too only for the purpose of extending the remand, I am of the view that the present court ought to have taken a lenient view in the matter and granted the petitioners one more opportunity to appear on the next posting date."

Directions Issued to the Sessions Court

To ensure justice and protect the liberty of the under trial prisoners, the High Court issued specific mandates to the Additional Sessions Court-III, Palakkad. The Court has following directions:

"dispose Crl.M.P. No.6/2026 in accordance with law, and as expeditiously as possible, at any rate, on or before 20.06.2026. Until such time orders are passed on the said application, the enforcement of the non-bailable warrants issued against the petitioners shall be kept in abeyance. The present court shall keep in mind the fact that the petitioners were present on the posting date before the former court, where the case was originally posted."

Background:

The dispute originated in S.C.No.662/2022 before the Additional Sessions Court-I, Palakkad. Following the transfer of the presiding judge to Kasaragod, the charge of the 'former court' was handed over to the Additional Sessions Court-III (the 'present court'). On June 9, 2026, the petitioners appeared at the former court for their remand extension. Unaware that their case would be called in a different courtroom, they arrived at the present court only to find that non-bailable warrants had already been issued due to their absence. Although they immediately filed Crl.M.P.No.6/2026 to recall the warrants, the present court adjourned the matter to June 20, 2026, prompting the petitioners to approach the High Court for urgent relief. The High Court ultimately disposed of the petition by keeping the warrants in abeyance and directing a time-bound disposal of the recall application.

Case Details:
Case No.: CRL.MC NO. 5019 OF 2026
NeutralCitation: 2026:KER:43722
Case Title: NASEER & OTHERS v. THE STATION HOUSE OFFICER & ANOTHER
Appearances:
For the Petitioner(s): SHRI.SUNNY MATHEW, SHRI.SONU SURENDRAN, SHRI.SHAIQ RASAL M.
For the Respondent(s): SRI.C.S.HRITHWIK, SR.PP.

Source: 2026 CaseBase(KER) 340