The petitioner herein is the accused in C.C No.553/2009 before the Judicial First Class Magistrate Court-I, Pathanamthitta. The offences involved are bailable. However, on the apprehension of arrest in execution of warrant of arrest issued from the court he seeks orders under Section 482 of the Code of Criminal Procedure, directing the learned Magistrate to consider his application for bail on surrender, and to release him on bail. The second prayer sought by the petitioner cannot be granted by this Court. The learned Magistrate has issued warrant of arrest for proper and legal reasons. It is for the learned Magistrate to decide whether bail can be granted afresh. I do not think that the learned Magistrate will mechanically remand him to judicial custody, when the offences are bailable. However, a direction can be made to consider the application for bail, on the date of surrender itself.
In the result, this Criminal Miscellaneous Case is Crl.M.C No.5989 of 2014 2 closed with direction to the trial court that in case application for bail is submitted by the petitioner in C.C.No.553/2009, the same shall be judiciously considered, and decided on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor.
P.UBAID JUDGE ab