This is an application filed by the third accused in C.P No.12/2013 on the file of Judicial First Class Magistrate -I, Kasargod to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the present petitioner was arrayed as fifth accused in Crime No.400/2008 of Manjeswaram Police Station along with others alleging commission of the offences under Sections 302 and 120(B) r/w Section 34 of Indian Penal Code. Earlier during the crime stage, he was arrested and remanded to judicial custody and as per order of this court in B.A No.881/2009 dated 4.3.2009, he was granted bail. After completion of the investigation final report has been filed and it was taken on file as C.P No.12/2013 on the file of Judicial First Class Magistrate Court - I Kasargod and now he is shown as third accused in the case. On account of his employment reasons, he could not be in station and he did not receive any summons in the case. Now, it is understood that non-bailable warrant has been issued against him. Though he is prepared to surrender before the court below, he apprehends that on account of the pendency of the non-bailable warrant, his bail application will not be considered on the date of filing of the application and he will be remanded to custody. So he has no other remedy to approach this court seeking the following relief:
Direct the Judicial First Class Magistrate - I, Kasargod to consider the bail application of the petitioner in C.P 12/2013 on the files of Judicial First Class Magistrate - I, Kasargod 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 feel that the same can be disposed of at the admission stage itself after hearing the counsel for petitioner and Public Prosecutor.
4. Counsel for petitioner submitted that he is prepared to surrender before the court but on account of the pendency of the non-bailable warrant even if he surrenders his bail application will not be considered by the court below and he will be remanded to judicial custody. Unless a direction is given by this court, the court below will not consider and dispose the bail application on the date of filing itself.
5. Application was opposed by the Public Prosecutor on the ground that he jumped bail and he was absconding.
6. Heard both sides.
7. It is an admitted fact that the petitioner was originally shown as fifth accused in Crime No.400/2008 in connection with commission of offences under Sections 302 and 120(B) r/w Section 34 of Indian Penal Code. During crime stage, he was arrested and bail was granted by this court as per B.A No.881/2009 dated 4.3.2009. Thereafter, after investigation final report was filed and the case was taken on file as C.P No.12/2013 and it is now pending before Judicial First Class Magistrate -I, Kasargod. It is also an admitted fact that since the petitioner did not appear before the court below, non-bailable warrant has been issued against him and that is pending. The apprehension of petitioner that if he surrenders before the court below and moves for bail, that application will not be considered and he will be remanded to custody is without any basis and not genuine. Further, this court has time and again in several matters of this nature observed that the presiding officers of the criminal courts are duty bound to consider and dispose of the bail applications, if any, filed by the accused persons on the date of surrender itself after hearing the Assistant Public Prosecutor of that court unless compelling circumstances warrant to postpone of the same to a future date. So, under such circumstances there is no necessity to issue any direction as claimed in the petition.
However, considering the apprehension raised in the petition, this court feels that the petition can be disposed as follows:
If the petitioner surrenders before the Judicial First Class Magistrate - I, Kasargod and moves for recalling the non-bailable warrant and release him on bail in C.P No12/2013 pending before that court, then the learned Magistrate is directed to consider and dispose of those applications 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 petition is disposed of.
Office is directed to communicate this order to the court concerned immediately for necessary further action in the matter.
K.RAMAKRISHNAN, JUDGE vdv