Petitioner is one of the accused in Crime No.121 of 2010 of Perumpadappa Police Station registered under Sections 283, 353 and 506 (i) of the Indian Penal Code (in short, “IPC”). The only non-bailable offence, according to the petitioner, against him is under Section 353 IPC. As the petitioner was away in pursuit of employment in Gulf Country, he could not appear before the court and the matter is now pending in L.P.No.99 of 2014 on the file of Judicial First Class Magistrate Court, Ponnani.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel for the petitioner submitted that other accused have been tried and acquitted by the court. Learned counsel submits that the petitioner apprehends remand by the learned Magistrate in the event of surrender before the court. Therefore, it is requested on behalf of the petitioner that the Magistrate may be directed to consider the bail application on the date of his surrender itself. Considering the entire facts and circumstances, I find that the request made by the learned Crl.MC No.2620/2014 2 counsel is proper.
In the result, the petition is allowed. In the event of the petitioner surrendering before the learned Magistrate and moving for bail, the learned Magistrate shall consider the bail application on merits on the date of his surrender itself.
A. HARIPRASAD, JUDGE.
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