This Criminal Miscellaneous Case is filed by the petitioner, who is the 3rd accused in Crime No.1320/2013 of Anchalummoodu police station, to issue a direction to the Magistrate under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner was arrayed as the 3rd accused in Crime No.1320/2013 of Anchalummoodu police station alleging offences under Sections 143, 147, 148, 120B, 29(b), 341, 324, 326 and 307 read with Section 149 of the Indian Penal Code. Though he is prepared to surrender before the Magistrate, he apprehends that since non bailable offence has been incorporated, his bail application will not be considered and he will be remanded to custody. So he has no other remedy except to approach this Court seeking the following relief:
It is therefore most humbly prayed that this Hon'ble Court may be pleased to direct the Judicial First Class Magistrate Court-I, Kollam to consider the bail application to be filed by the petitioner on the date of his surrender itself in Crime No.1320/2013 of Anchalummoodu police station, Kollam District and enlarge the petitioner on bail, in the interest of justice.
3. The counsel for the petitioner submitted that since non bailable offence has been included, the petitioner apprehends that if he surrenders, his bail application will not be considered and he will be remanded to custody unless a direction is given by this Court to consider the bail application, it will not be considered by the court below.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over and the petitioner is absconding.
5. It is an admitted fact that the petitioner was arrayed as the 3rd accused in Crime No.1320/2013 of Anchalummoodu police station. He has neither surrendered before the investigating officer or before the court. His apprehension is that if he surrenders before the court below, he will be remanded without considering the bail application filed by the petitioner on the same day. Such an apprehension is without any basis and not genuine as this Court has in several matters 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 application, if any filed by the accused 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, there is no necessity to issue any direction as such as claimed in the petition. However considering the apprehension raised by the petitioner in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Magistrate Court-I, Kollam and moves for releasing him on bail in Crime No.1320/2013 of Anchalummoodu police station, then the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above directions and observations, this petition is disposed of.
Communicate this order to the court below at the earliest.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge