The petitioners are the accused Nos. 1 and 2 in C.C.No.396 of 2012 of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. The offences alleged against them are under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court, they seek orders under Section 482 Cr.P.C, directing the court below to consider their application for bail on the date of surrender itself and to release them on bail. The trial court has initiated proceedings under Section 82 and 83 Cr.P.C, and warrant of arrest is pending. Of course, if they have explanation for their consistent absence, they will have to present it before the learned magistrate. However, a direction can be issued in the interest of justice. -2-
Crl.M.C. No. 6822 of 2014 In the result, this petition is closed with direction to the court below, that in case application for bail is made by the petitioners on surrender in C.C.No.396 of 2012, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor.
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P. UBAID JUDGE Scl.