The petitioner herein is the 1st accused in S.C No.613/2009 before the First Additional Sessions Judge, Thiruvananthapuram. He was released on bail at the initial stage of crime, but later he went abroad in search of a job. Now, on the apprehension of arrest in execution of the warrant of arrest issued from the trial court he has brought this petition under Section 482 of the Code of Criminal Procedure for a direction to the trial court to consider his application for bail afresh on the date of surrender. He wants to surrender before the trial court, but he apprehends that he would be denied bail, or that he would be remanded to judicial custody. Of course, it is for the trial court to decide, in the present circumstances, whether bail can be granted to the petitioner, or whether he could be released on appropriate conditions. Anyway, he wants to surrender and he seeks orders for consideration of his application without delay. I find that a direction as sought by the Crl.M.C No.5664 of 2014 2 petitioner can be issued under Section 482 of the Code of Criminal Procedure.
In the result this Criminal Miscellaneous Case is allowed. The court below is directed that in case application for bail afresh is filed by the petitioner, on surrender, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the other side.
P.UBAID JUDGE ab