Petitioner herein is the accused in S.T. No. 1363/2007 of the Judicial First Class Magistrate Court, Ottappalam. The offence involved is one punishable under Section 138 of the Negotiable Instruments Act. When he remained consistently absent during trial, the learned Magistrate issued warrant of arrest against him. On the apprehension of arrest in execution of warrant, he brought this petition under Section 482 Cr.P.C., for a direction to the learned Magistrate to consider his application for bail on the date of surrender itself. He seeks such a direction on the apprehension that he would be remanded to judicial custody by the learned Magistrate, on surrender. I do not think that he will be mechanically remanded to judicial custody, because the offence is bailable. Of course, the court may think of imposing conditions for bail in the present situation, where the warrant happened to be issued due to consistent absence. Petitioner will Crl.M..C No. 5598/2014 2 have to explain the reason for his absence throughout, no doubt. However, the request for bail will be judiciously considered by the learned Magistrate. In the result, this Crl.M.C. is closed, with a direction to the court below that, in case the application for bail is filed by the petitioner on surrender in S.T. No. 1363/2007, the same shall be judiciously considered and decided on the date of surrender itself.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE