This is an application filed by the petitioner who is the sole accused in C.P No.89/2014 pending before the Judicial First Class Magistrate - I, Nedumangad to issue directions u/s 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioner was implicated as sole accused in Crime No. 95/2013 of Aryanadu Excise Range and during the crime stage, he was not arrested. Now investigation has been completed and final report was filed and it was taken on file as C.P No.89/2014. After taking cognizance, learned Magistrate had issued summons to the petitioner directing him to appear on 3.5.2014 and the petitioner apprehends that if he appears before the court below, he will be remanded to custody and his bail application will not be considered on the date of filing of the application itself. So the petitioner has no other remedy to approach this court seeking the following relief:
Invoke the injherent jurisdiction under Section 482 of Code of Criminal Procedure and direct the Judicial First Class Magistrate Court -I, Nedumangad to release the petitioner on bail on his appearance in C.P No.89/2014 on 03.06.2014.
3. Considering the nature of relief claimed, this court felt that this petition can be disposed of at the admission stage itself after hearing the counsel for petitioner and also the learned Public Prosecutor.
4. Counsel for petitioner submitted that he received summons in the case and he made arrangements through counsel on 03.05.2014 on the date on which he was directed to appear as per summons to file application to condone his absence on that day and that was allowed, and the case is now posted for his appearance. Now he apprehends that if he surrenders or he appears before the court below, he will be remanded and his bail application will not be considered on the date of filing itself. In fact, he was not arrested during the investigation stage. So he prayed for allowing the application.
5. The application was opposed by the Public Prosecutor on the ground that the petitioner was not available during investigation.
6. It is an admitted fact that petitioner was arrayed as accused in Crime No.95/2013 of Aryanad Excise Range alleging offences under Sections 8(1) and (2) of the Kerala Abkari Act. During investigation, even admitted by the petitioner, he was not arrested. Now investigation has been completed and final report has been filed and it was taken on file as C.P No.89/2014 on the file of Judicial First Class Magistrate Court -I, Nedumangad. It is also an admitted fact that summons has been issued to the petitioner to appear before the court giving the date for appearance as 03.05.2014 and on that day petitioner did not appear but appeared through counsel and got his absence condoned. The apprehension of the petitioner that if he surrenders before the court below and moves for bail in answer to the summons issued, his bail application will not be considered and he will be remanded to custody appears to be without any basis and is not genuine as well. This court has in several petitions of this nature time and again observed that the presiding officers of the criminal courts are duty bound to consider and dispose of the bail applications, if any, filed by the accused persons on their surrender as far as possible on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, under the circumstances there is no necessity to issue any direction as such as claimed by the petitioner. However, considering the apprehension raised in the petition, this court feels that the petition can be disposed of as follows.
If the petitioner surrenders before the Judicial First Class Magistrate-I, Nedumangad and moves for bail in C.P No.89/2014 pending before that court, then the learned Magistrate is directed to consider and dispose of the bail application on the same day after hearing the Assistant Public Prosecutor of that court in accordance with law.
With the above observation and direction, the petition is disposed of.
Office is directed to communicate this order to the court concerned immediately for necessary further action in the matter.
K.RAMAKRISHNAN, JUDGE vdv