The petitioner herein is the 8th accused in S.C No.758/2012 of the Court of Session, Palakkad. The offences involved are under Sections 143, 147, 148, 452, 341, 324, 385, 294B r/w 149 of the Indian Penal Code and under Section 3(1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner was granted bail at the initial stage, but later he remained absent during the proceeding. Now warrant of arrest is pending against him.
2. On the apprehension of arrest and remand to judicial custody the petitioner seeks orders under Section 482 of the Code of Criminal Procedure, directing the trial court to release him on bail, on surrender. Of course, the relief as sought by him cannot be granted by this Court. The learned trial judge has issued warrant of arrest for proper and legal reasons. The petitioner will have to surrender before the learned judge and seek bail afresh. If the petitioner has satisfactory explanation for his consistent absence throughout, it will be considered by the Crl.M.C No.7023 of 2014 2 learned judge, and if it is found satisfactory, the question of granting bail, on conditions can be thought of. Anyway, he will have to surrender before the learned trial judge and make application for bail. However, a direction can be given to the trial court to consider and dispose of the application for bail, on the date of surrender itself.
In the result, this Crl.M.C is closed with a direction to the court below that application for bail, if filed by the petitioner on surrender in S.C No.758/2012, shall be judiciously considered, and appropriate orders shall be passed, on the date of surrender itself, however with notice to the other side.
P.UBAID JUDGE ab