The petitioner herein is the original first accused in Crime No. 60/CR/99 of the CBCID. The offence involved in the crime is under Section 420 IPC r/w Section 34 IPC. The second accused is the petitioner's wife. Cognizance on the final report submitted by the police was taken in the Judicial First Class Magistrate Court-III, Thiruvananthapuram. When the petitioner remained consistently absent throughout the proceeding his case was split up, and was once transferred to the register of long pending cases as L.P No.5/2008. Now it stands again refiled. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest issued from the trial court, the petitioner seeks orders from this court under Section 482 Cr.P.C, directing the court below not to remand him, and to consider his application for bail on the date of surrender itself. Of course, the petitioner will have to surrender before the learned Magistrate who has issued warrant of arrest for proper reasons. As regards bail no orders can be passed by this court under Section 482 Cr.P.C. If the petitioners has any Crl. M.C No.6892 of 2014 2 satisfactory explanation for his absence throughout, he will have to convince the learned Magistrate, and appropriate decision regarding bail will be taken by the learned Magistrate. However a direction can be made to consider the application on the date of surrender itself, in view of the petitioners apprehension. In the result, this Crl.M.C is closed with direction to the court below, that in case application for bail is filed by the petitioner on surrender, in crime No.60/CR/99 of the CBCID (original case Number C.C 1043/13), the same shall be judiciously considered on the date of surrender itself, and appropriate decision as regards bail shall be taken by the learned Magistrate, however with notice to the other side.
P.UBAID, JUDGE sab