This is an application filed by the petitioner who is the accused in L.P.No.194/2006 in (Crime No.293/2003 of Tirur Police Station) pending before the Judicial First Class Magistrate's Court, Tirur for issuing direction under Section 482 of the Code of Criminal Procedure (hereinafter referred as the 'Code'). 2. It is alleged in the petition that petitioner is shown as accused in Crime No.293/2003 of Tirur Police Station alleging offence under Sections 465, 468, 471 and 511 of 420 of the Indian Penal Code and after investigation final report was filed. Since the petitioner did not appear, the learned Magistrate had transferred the case to register of long pending cases and it is now pending before that court as L.P.No.194/2006. He has not committed any offence. He is prepared to surrender before the court but he apprehends that if he surrenders, his bail application will not be considered on the date of filing itself and he will get remanded to custody. So he has no other remedy except to approach this court seeking the following relief:
“to issue a direction to the J.F.C.M.Court, Tirur to grant bail to the petitioner in the event of arrest or surrender before the lower court in L.P.No.194/2006 in Tirur Police Station Crime No.293 of 2003”
3. Considering the nature of relief claimed in the petition this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor.
4. The counsel for the petitioner submitted that, his only apprehension is that if the petitioner surrenders before the court below, he will be remanded without considering his bail application. Unless a direction is given, the Magistrate will not consider his bail application on the same day.
5. The application was opposed by the Public Prosecutor on the ground that the petitioner was an absconding accused.
6. It is an admitted fact that petitioner was arrayed as accused in Crime No.293/2003 of Tirur Police Station and after investigation, final report was filed and since he did not appear, the case was transferred to register of long pending cases and now it is pending as L.P.No.194/2006 on the files of the Judicial First Class Magistrate's Court, Tirur and non bailable warrant has been issued and it is pending against him. The apprehension of the petitioner that if he is surrenders before the court below, he will be remanded and his bail application will not be considered on the date of filing the application itself is without any basis and not genuine. This Court has, time and again, in several matters of this nature, observed that the Presiding Officers of the criminal court are duty bound to consider and dispose of the bail applications if any, filed by the accused on their surrender as far as possible on the date of filing the application itself, after hearing the Assistant Public Prosecutor of that court unless compelling circumstances warrant postponement of the same to the future date.
So there is no necessity be issue any direction as such as claimed in the petition in this case. However, considering 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 Class Magistrate's Court, Tirur and moves for re-calling the warrant and releasing him on bail in L.P.No.194/2006 (Crime No.293/2003 of Tirur Police Station) pending before that court, then the learned Magistrate is directed to consider and dispose of the bail application, after hearing the Assistant Public Prosecutor of that court, as far as possible on the date of filing of the application itself in accordance with the law.
With the above direction and observation, the petition is disposed of .
Office is directed to communicate this order to the concerned court immediately.
Sd/-K.RAMAKRISHNAN JUDGE MJL