The petitioner herein is the sixth accused in C.P No.99 of 2014 of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram. The offences involved are under Sections 457, 395, 506(ii), 324 and 308 IPC. On the apprehension of arrest and remand to judicial custody on surrender he seeks orders under Section 482 Cr.P.C, directing the court below to consider his application for bail without any delay. Of course, it is for the learned Magistrate to decide whether he can be granted bail or not. It appears that he has been absconding from legal process, and thus warrant of arrest happened to be issued against him. He will have to explain the reason for his consistent absence throughout, and his explanation will definitely be considered by the learned Magistrate in taking decision on bail. However there can be a direction to dispose of the application for bail on the date of surrender itself. Crl. M.C No. 6384 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, in C.P No.99/2014, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the other side.
P.UBAID, JUDGE sab