The petitioner herein is the 3rd accused in C.C. No.434/2011 of Judicial First Class Magistrate Court-II, Nedumangadu. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest issued by the Court, he seeks a direction under section 482 of Cr.P.C. to the court below to re- call the warrant of arrest and to release him on bail.
2. Of course, the relief, as sought by him cannot be granted by this Court. He will have to surrender before the learned Magistrate and make application for bail. The learned Magistrate, who has issued warrant of arrest for proper reasons, will examine his application, and his grievance also will be heard by the learned Magistrate. His grievance is that he has not received summons directly. This will have to be considered and the petitioner's explanation for absence will be heard by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand him to judicial custody. However, a Crl.M.C. No. 7284/2014 -2-
direction can be made to dispose of the application without any delay.
In the result, the petition is closed with a direction to the court below that in case the petitioner makes application for bail on surrender in C.C. 434/2011, the same shall be judiciously considered, the petitioner's grievance shall be heard, and appropriate decision regarding bail shall be taken on the date of surrender itself, however, with notice to the learned Assistant Public Prosecutor. The petitioner is granted time for ten days to surrender before the Court below and apply for bail. During this period, execution of the warrant of arrest shall stand suspended.
Sd/- P.UBAID, JUDGE jjj