Petitioner is the accused in Crime No.202 of 2010 of Ambalathara Police Station registered under Sections 452, 324, 354 and 355 of the Indian Penal Code and Section 3(1)(x) and (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Petitioner submits that a warrant is pending against him and he is ready to surrender before the court below and to file an application for bail. However, he apprehends that the learned Magistrate would remand him to custody and will consider the bail application only on a subsequent day. I am of the definite view that the Magistrate is entitled to consider the matter as per the provisions in Section 437 of the Code of Criminal Procedure and this Court shall not fetter his powers. However, I shall make it clear that the learned Magistrate shall consider the bail application on merits on the date of his surrender itself, provided the petitioner gives Crl.MC No.2602/2014 2 notice to the Prosecutor well before the hearing.
With this observation, Crl.M.C. is disposed of.
A. HARIPRASAD, JUDGE.
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