-------- This is an application filed by the petitioner who is the first accused in CC.No.74 of 2014 before the Judicial First Class Magistrate Court, No-I, Kasaragod to issue directions to the Magistrate under Section 482 of the Criminal Procedure Code.
2. It is alleged in the petition that the petitioner is the first accused in Crime No.189 of 2009 of Kasaragod police station. He was charge sheeted by the police along with five other accused persons alleging commission of offences under Section 143, 147, 148, 334, 294(b), 323, 324 r/w Section 149 of Indian Penal Code. After investigation, final report was filed and earlier the case was taken on file as CC.No.659 of 2009. Since the present petitioner and two others did not appear the case against them was split up and refiled as CC.No.74 of 2014. Since he did not appear, non bailable warrant has been issued against him. Though he prepares to surrender, he apprehends that he will be remanded to custody and his bail application will not be considered. So he has no other remedy except to approach this Court seeking the following relief:-
to direct the Judicial First Class Magistrate I, Kasaragod to consider the bail application of the petitioner in CC.No.74/14 on the date of his surrender itself and not to remand the petitioner to judicial custody.
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 counsel for the petitioner submitted that he is prepared to surrender but his apprehension is that if he surrenders and moves for bail, he will be remanded without considering his bail application. Unless a direction is given from this Court, the learned Magistrate will not consider and dispose of the bail application on the date of surrender itself.
5. The application was opposed by the learned Public Prosecutor on the ground that he is an absconding accused.
6. It is an admitted fact that the petitioner along with five others persons were charge sheeted by the Kasaragod police in Crime No.189 of 2009 of Kasaragod police station and after investigation final report was filed and it was originally taken as CC.No.659 of 2009 on the file of the Judicial First Class Magistrate Court-I, Kasaragod. It is also an admitted fact some of the accused persons have entered appearance and faced trial and they were acquitted by the Court below. Since the present petitioner and some other accused persons did not appear, the learned Magistrate after completing the trial of persons who appeared before that Court split up the case and refiled as CC.No.74 of 2014 and that is even now pending before that Court. It is also an admitted fact that since the petitioner did not appear, non bailable warrant has been issued against him and that is pending. The apprehension of the petitioner that if he surrenders and moves for bail, the learned Magistrate will remand him to custody without considering his bail application is without any basis and not genuine. This Court has time and again in several cases of such nature expressly observed that the presiding officers of the Criminal Court are duty bound to consider and dispose of the bail applications if any filed by the accused persons on their surrender on the date of filing of the applications itself as far as possible unless compelling circumstances warrant postponement of the same to a future date. So there is no necessity to issue any direction to the Magistrate as such claimed in the petition. 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 Court-I, Kasaragod and moves for recalling the non bailable warrant and release him on bail in CC.No.74 of 2014 pending before that Court, then the learned Magistrate is directed to consider and dispose of the applications after hearing the Assistant Public Prosecutor of that Court as far as possible on the date of filing of the applications itself in accordance with law.
The Office is directed to communicate this order to the concerned Court immediately.
With the above directions and observations this petition is disposed of.
sd/-
K.RAMAKRISHNAN, JUDGE R.AV