The petitioner herein is the original 1st accused in Crime No. 601/2012 of the Irinjalakkuda Police Station, registered under Sections 143,147,294(b), 324,307 and 427 read with 149 IPC. The case is now pending as S.C. No. 698/2013 before the learned Additional Sessions Judge, Irinjalakkuda. The petitioner was initially released on bail, but later he jumped bail, and remained consistently absent. Now, there is warrant of arrest against him from the trial court. On the apprehension of remand to judicial custody on surrender, he brought this petition under Section 482 Cr.P.C. for a direction to the court below to release him on bail, on surrender. Of course, the prayer as sought by the petitioner cannot be granted under Section 482 Cr.P.C.. The petitioner will have to surrender before the learned trial judge, and seek bail afresh. However, he will have to explain satisfactorily why he remained absent throughout, and the question of granting bail on conditions can be considered by the learned Magistrate, if Crl.M.C.. No. 6700/2014 2 absence is satisfactorily explained. However, there can be a direction to the court below to dispose of the application on the date of surrender itself. In the result, this Crl.M.C. is closed, with direction to the learned trial Judge, that in case application for bail is made by the petitioner herein on surrender in S.C. No. 698/2013, the same shall be judiciously considered and decided, and appropriate orders shall be passed on the date of surrender itself, however, with notice to the other side. The petitioner is granted seven days to surrender before the trial court. In the mean time, execution of warrant of arrest will stand suspended.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE