The petitioners herein are the accused in Crime No. 671 of 2010 of Kasaragod Police Station. The case is now pending in committal proceedings before the Judicial First Class Magistrate Court-I, Kasaragod as C.P.249/2011. On the apprehension of arrest in execution of the warrant of arrest issued from the court, the petitioners seek orders from this Court under Section 482 of Cr.P.C directing the learned Magistrate to consider the petitioners' application for bail on the date of surrender itself. The petitioners want to surrender before the learned Magistrate, but they apprehend that they will be remanded to judicial custody, and that consideration of their bail application will be delayed, if not otherwise directed by this Court. 2. On hearing the learned Public Prosecutor, I find that positive orders regarding bail cannot be passed by this Court. The petitioners want to surrender before the learned Magistrate, but they apprehend that decision in the matter Crl.M.C No. 5569 of 2014 2 of bail will be delayed. In view of such an apprehension, direction can be made to the learned Magistrate to consider and dispose of the application for bail on the date of surrender itself, in the interest of justice. Whether bail can be granted or not, is a matter to be considered by the learned Magistrate.
In the result, this Crl.M.C is closed with direction to the court below that, in case application for bail is made by the petitioners on surrender, the same shall be judiciously considered and decided on the date of surrender itself, however, with notice to the learned Assistant Public Prosecutor-in- charge.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge