This is an application filed by the petitioners who are accused Nos.1 to 3 in Crime No.151/2014 of Pathanamthitta Police station, now pending before the Chief Judicial Magistrate Court, Pathanamthitta, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure. 2. It is alleged in the petition that petitioners are accused Nos.1 to 3 in Crime No.151/2014 of Pathanamthitta Police station, now pending before the Chief Judicial Magistrate Court, Pathanamthitta, alleging offences under Sections 420, 465, 468 and 471 read with Section 34 of Indian Penal Code. It is submitted that the petitioners are innocent of the allegations leveled against them. Consequent to the non appearance of the petitioners before the court below, the learned magistrate has issued non-bailable warrant against the petitioners. Now, the same is pending against them. The petitioners are ready and willing to surrender before the court below for facing trial. Though the petitioners are prepared to surrender, in view of the pendency of non bailable warrant against them, they apprehends that, they are likely to be remanded and their bail applications will not be considered on the date of filing of the application itself. So, the petitioners have no other remedy except to approach this Court seeking the following relief:
“To issue a direction to the Chief Judicial Magistrate Court, Pathanamthitta to consider the petitioners bail application on the date of surrender itself.”
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. Learned counsel for the petitioners submitted that his only apprehension is that they surrender, their bail application will not be considered on the same day and they will be remanded to custody.
5. The petition was opposed by the Public Prosecutor on the ground that the petitioner is an absconding accused.
6. It is an admitted fact that the petitioners are accused Nos.1 to 3 in Crime No.151/2014 of Pathanamthitta Police station, now pending before the Chief Judicial Magistrate Court, Pathanamthitta, alleging offences under Sections 420, 465, 468 and 471 read with Section 34 of Indian Penal Code. Consequent to the non appearance of the petitioners before the court below, the learned magistrate has issued non- bailable warrant against the petitioners. The apprehension of the petitioners that, if they surrender before the court below and move for bail, they will be remanded and their application will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of 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 expressed in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioners surrender before the Chief Judicial Magistrate Court, Pathanamthitta and moves for recalling the warrant and for releasing them on bail in Crime No.151/2014 of Pathanamthitta Police station, now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge