-------- This is an application filed by the accused in CC.No.101 of 2012 on the file of the Judicial First Class Magistrate Court, No-I, Perumbavoor to issue directions to the Magistrate under Section 482 of the Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is arrayed as accused in CC.No.101 of 2012 pending before the Judicial First Class Magistrate Court, No-I, Perumbavoor. It was originated on the basis of the private compliant filed by the complainant alleging offences under Section 138 of Negotiable Instruments Act. Since he was working out side Kerala, he did not receive any summons. Now it is understood that the learned Magistrate has issued non bailable warrant and it is pending against him. Non appearance before the Court below is not willful that that he did not receive any summons in the case. He is prepared to surrender, but his apprehends is that since non bailable warrant issued against him normally the learned Magistrate will not consider the bail application filed by the petitioner and he will be remanded to custody. So the petitioner has no other remedy except to approach this Court seeking the following relief:-
to consider the bail application to be filed by the petitioner on the date of filing itself by allowing this petition.
3. Considering the nature of relief claimed in the petition this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor.
4. Counsel for the petitioner only submitted that the petitioner apprehends that though he surrenders he will be remanded without considering his bail application and unless a direction is given, orders will not passed by the learned Magistrate on the application on the date of surrender itself.
5. The application was opposed by the Public Prosecutor on the ground that he was an absconding accused.
6. It is an admitted fact that the petitioner was arrayed as accused in CC.No.101 of 2012 pending before the Judicial First Class Magistrate Court, No-I, Perumbavoor which originated on the basis of private complaint filed by the complainant against the petitioner alleging offence under Section 138 of the Negotiable Instruments Act. It is also an admitted fact that non bailable warrant is pending against him. I am not at this stage going in to the question as to whether non bailable warrant was issued without completing services of summons on the petitioner as claimed by the petitioner at this stage. The apprehension of the petitioner that if he surrenders before the Court below, he will be remanded to custody without considering his bail application is without any basis and not genuine. This Court has, time and again in several matters of this time, observed that the presiding officers of the Criminal court are duty bound to consider and dispose of the bail applications filed by the accused on their surrender as far as possible on the date of the filing of the application itself unless compelling circumstances warrant postponement to the same to a future date. So, in fact there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension raised in the petition, this Court feels that the petition can be disposed of as follows:-
If the petitioner surrenders before the Judicial First Class Court, No-I, Perumbavoor and moves for recalling the warrant and release him on bail in CC.No.101 of 2012 pending before that Court, then the learned Magistrate is directed to consider and dispose of those applications after hearing the counsel for the complainant as well as far as possible on the date of filing itself in accordance with law.
With the above directions and observation the petition is disposed of. Office is directed to communicate this order to the concerned Court immediately.
K.RAMAKRISHNAN, JUDGE R.AV