The petitioner herein is the accused in C.C No.26/2011 of the Judicial First Class Magistrate Court, Pattambi. The offence involved is punishable under Section 138 of the Negotiable Instruments Act. On the apprehension of arrest, and remand to judicial custody in execution of the warrant of arrest issued from the trial court, the petitioner seeks orders from this court under Section 482 Cr.P.C directing the trial court to recall the warrant of arrest and to release him on bail. The petitioner's grievance is that he had not in fact received summons in the proceeding. Of course, the prayer as sought by the petitioner cannot be granted by this court under Section 482 Cr.P.C. I do not think that the learned Magistrate will mechanically remand him to custody when the offence is bailable. If the petitioner's grievance is genuine that he had not received summons in the proceeding, or if he has any explanation for his consistent absence, it will definitely be considered by the learned Magistrate. However, the petitioner will have to surrender before the learned Magistrate and seek regular bail. Warrant of arrest Crl. M.C No. 6513 of 2014 2 cannot be recalled by this court under Section 482 Cr.P.C, because it will amount to usurpation into the jurisdiction of the learned Magistrate, who has issued warrant for proper reasons. However, a direction can be made to dispose of the application for bail on the date of surrender itself. In the result, this Crl.M.C is closed with direction to the court below that in case, the petitioner herein makes application for bail on surrender in C.C No.26/2011, the same shall be judiciously considered and decided on the date of surrender itself. The petitioner is granted time for 7 days to surrender before the trial court. During this period, execution of the warrant of arrest will stand suspended.
P.UBAID, JUDGE sab