The petitioner herein is the accused Number 2 in C.P No.307/2014 of the Judicial First Class Magistrate court – I, Kasaragod. The offences involved in the crime are under Sections 143, 147, 148, 341, 324, and 308 r/w 149 of IPC. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest issued from the committal court, the petitioner seeks orders from this court under Section 482 Cr.P.C, directing the court below to enlarge him on bail, or to dispose of the application for bail without delay. Of course, the first prayer as sought by the petitioner cannot be granted by this court, because he will have to surrender before the learned Magistrate who has issued warrant of arrest for proper reasons, and the question of granting bail will have to be considered by the learned Magistrate. However, a direction can be made to the court below to dispose of the application on the date of surrender itself. Crl. M.C No. 6831 of 2014 2 In the result, this petition is closed with direction to the court below, that in case application for bail is filed by the petitioner, on surrender in C.P No.307/2014, the same shall be judiciously considered, and appropriate decision shall be taken on the date of surrender itself, however with notice to the other side.
P.UBAID, JUDGE sab