This is an application filed by the petitioner who is the accused in L.P.No.48/02 on the file of the Judicial First Class Magistrate Court, No-II, Punaloor to issue direction under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is the accused in Crime No.179/1999 of Anchal police station and after investigation, final report was filed alleging offences under Sections 467, 419, 468 of Indian Penal Code and since the petitioner did not appear, the case was transferred to register of long pending cases and it is pending as L.P.No.48/02 on the file of the Judicial First Class Magistrate Court, No-II, Punaloor and non-bailable warrant is pending against him. Though he is prepared to surrender before the court, he apprehends that his bail application will not be considered and he will be remanded to custody. The learned magistrate will not consider the bail application unless a direction is given by this court. So, the petitioner has no other remedy except to approach this court seeking the following relief:
“To direct the Judicial First Class Magistrate Court-II, Punaloor to consider the bail application on same day that would be filed by this petitioner in L.P.No.48/02 pending of Judicial First Class Magistrate Court - II, Punaloor and allow this Crl.M.C.”
3. Considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.
4. The learned Counsel for the petitioner, on instructions, submitted that the petitioner's apprehension is that if he surrenders and moves for bail, he will be remanded and his bail application will not be considered on the date of filing of the application.
5. The application was opposed by the learned Public Prosecutor on the ground that he is an absconding accused.
6. Heard both sides.
7. It is an admitted fact that the petitioner is the sole accused in Crime No.179/1999 of Anchal police station alleging offences under Sections 467, 419 and 468 of Indian Penal Code and after investigation, final report was filed and since the petitioner did not appear, the case was transferred to register of long pending cases and pending as L.P.No.48/02 before the Judicial First Class Magistrate Court, No-II, Punaloor. The apprehension of the petitioner that, if he surrenders and moves for bail, his bail application will not be considered on the date of filing and he will be remanded is not genuine and without any basis. This court has in several applications of this nature time and again observed that there is a duty cast on the presiding officers of the criminal courts to consider and dispose of the bail applications if any filed by the accused on their surrender before that court as far as possible on the date of filing of the application itself unless compelling circumstances warrant for postponing the same to the future date. So, under the circumstances, there is no necessity for issuing any direction as prayed for in the petition. But, however, considering the apprehension raised in the petition, this court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Class Magistrate Court, No-II, Punaloor and moves for recalling the warrant and for releasing him on bail in L.P.No.48/02 (Crime No.179/99 of Anchal police station) now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge