The petitioner herein is the accused in C.C No. 146/2012 of the Judicial first Class Magistrate Court – I, Hosdurg. The offence alleged against him 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 he seeks orders under Section 482 Cr.P.C, directing the court below to recall the warrant of arrest and grant him bail. These two prayers cannot be granted by this court under Section 482 Cr.P.C. The learned Magistrate who has issued warrant of arrest for proper reasons will have to consider the request. Anyway, I do not think that he will be mechanically remanded to custody when the offence is bailable. He will have to surrender before the learned Magistrate, and seek bail afresh. 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. 146/2012, the same shall be judiciously Crl. M.C No.6566 of 2014 2 considered and decided on the date of surrender itself. He is granted time for seven days to surrender. In the meantime execution of the warrant of arrest will stand suspended.
P.UBAID, JUDGE sab