The petitioner herein is the 1st accused in Crime No.106/2011 of the Kumbala Police Station, registered under Sections 143,147,148,447,323,324,427 and 307 read with 149 IPC. The other accused in the crime faced trial before the trial court, but the case against the petitioner was split up and refiled when he absconded during the trial process. It is now pending as C.P.No.505/2011. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court of the learned Judicial First Class Magistrate-I, Kasaragod, the petitioner seeks direction from this Court under Section 482 Cr.P.C., to the learned Magistrate, to take decision on his application for bail without delay. Of course, decision as regards bail will have to be taken by the learned Magistrate, who has issued warrant of arrest for proper reasons. The grievance of the petitioner is that he has not yet received any summons in the proceeding. It was submitted that he was abroad for Crl.M.C.. No. 7028/2014 2 employmnet. His explanation for absence will have to be considered by the learned Magistrate. However, he will have to surrender and make application for bail. In the result, this Crl.M.C. is closed with direction to the learned Magistrate that in case application for bail is filed by the petitioner on surrender in C.P.No.505/2011, the same shall be judiciously considered, and appropriate decision regarding bail shall be taken, on the date of surrender itself, however with notice to other side. The petitioner is granted time for seven days to surrender before the learned Magistrate. During this period, execution of warrant so arrest will stand suspended.
Sd/-
P. UBAID, JUDGE sd