The petitioners herein are the three accused in Crime No.942 of 2013 of Kilimanoor Police Station, registered under Sections 420, 465, 468 and 471 IPC r/w Section 34 IPC. 2. The bail application filed by the petitioners before this Court was disposed of on 06.12.2013 with direction to surrender before the Investigating Officer on 12.12.2013 at 10AM for interrogation. This Court also directed the learned Magistrate, having jurisdiction, to release them on bail on certain conditions after the interrogation purpose is over. Petitioners did not surrender as directed by this Court. Now they seek orders from this Court under Section 482 Cr.P.C directing the learned Magistrate to consider their application for bail on surrender, on the date of surrender -2-
Crl.M.C. No. 6569 of 2014 itself. In fact, such a direction cannot be made by this Court in this case. Bail application filed by the petitioners was, in fact, practically allowed by this Court with direction to surrender before the Investigating Officer on a particular day. It is submitted that thereafter, they appeared before the investigating officer, but they were not arrested. It is not known why they were not arrested by the police.
3. Anyway, petitioners are free to surrender before the learned Magistrate, if they opt so. As regards bail, appropriate decision will be taken by the learned Magistrate in view of the directions made by this Court earlier. The trial Court will have to hear the prosecutor also before taking decision in the matter of bail. If the petitioners want to surrender, they can very well surrender at any time, but the question of bail will be considered by the learned Magistrate.
With these observations, this Crl.M.C is closed.
Sd/-
P.UBAID, JUDGE das