This Criminal Miscellaneous Case is filed by the petitioner, who is the 6th accused in SC.No.315/2011 on the file of the Assistant Sessions Court, Palakkad, for a direction to be given to the concerned Presiding Officer to consider the bail application filed by him on the date of surrender itself and release him on bail under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is the 6th accused in SC.No.315/2011 on the file of the Assistant Sessions Court, Palakkad. He was charge sheeted by the Kongad police alleging offences under Sections 143, 147, 148, 341, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. He was released on bail earlier. When it was posted for framing charge, he could not appear as he went abroad in search of a job. Thereafter the case against him was split up and charge was framed against remaining accused. Before commencement of the trial, the learned Public Prosecutor moved an application to alter the charge to add Section 307 instead of 308 of the Indian Penal Code. That application was dismissed. The State filed a revision as Crl.R.P.No.74/2013 before the Sessions Court, Palakkad and that is pending. The trial has not commenced. He is prepared to surrender, but he apprehends that he will be remanded to custody in the event of surrender. His marriage was scheduled on 30.5.2014. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
For these and other grounds that may be allowed to be advanced at the time of hearing, it is most respectfully prayed that this Hon'ble Court may be pleased to direct the Assistant Sessions Court, Palakkad to consider the bail application to be filed by the petitioner, who is the 6th accused in S.C.No.315/2011 on the file of the Assistant Sessions Court, Palakkad, on the date of his surrender and release him on bail.
3. The learned counsel for the petitioner submitted that in fact there was no absconding as such and this Court can give a direction to the Assistant Sessions Judge to consider the reasons and release him on bail, if he is satisfied. Further, prayer in the petition was that his marriage was scheduled to be conducted on 30.5.2014 and he wanted him to be released in order to enable him to perform his marriage. So the counsel for the petitioner submitted that a rider may be added to release him on bail when he surrenders and files an application for bail.
4. The application was opposed by the Public Prosecutor on the ground that he jumped bail after he was released on bail.
5. It is an admitted fact that the petitioner is arrayed as 6th accused in SC.No.315/2011 on the file of the Assistant Sessions Court, Palakkad which was originated on the basis of Crime No.406/10 of Kongad police station alleging commission of offences under Sections 143, 147, 148, 341, 323, 324, 326 and 309 read with Section 149 of the Indian Penal Code. It is also an admitted fact that earlier he was granted bail and later he went abroad and thereafter he did not appear and so his bail bond was cancelled and non bailable warrant was issued and the case against him was intended to split up and proceeded with the case against other accused persons. It is mentioned in the petition that since his marriage was on 30.5.2014, he approached this Court to get an order to release him on bail, if he files an application for bail before the lower court. But, now that stage was over because marriage was already over.
Further, in this petition, this Court cannot entertain the submission made by the counsel for the petitioner but a direction can be given to the court below to consider his bail application and pass appropriate orders without delay and nothing more and, if he wants a direction to be released on bail, his remedy is to move an application before appropriate court for that purpose. Further, he can even move the same court for recalling the warrant and state the reasons for his absence before the court and it is that court to consider and pass appropriate orders in that application. Such a discretion cannot be usurped by this Court. But, the apprehension of the petitioner that even if he surrenders, he will be remanded to custody and his bail application will not be considered is also without any basis and not genuine as this Court has in petitions of this nature expressly observed that the Presiding Officers of the criminal courts are duty bound to consider and dispose of the bail application 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. Though the petitioner is not entitled to get the relief claimed in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Assistant Sessions Court, Palakkad and moves for recalling the warrant and release him on bail in SC.No.315/2011 pending before that court, then the learned Assistant Sessions Judge is directed to consider and dispose of those bail applications after hearing the Additional Public Prosecutor of that court as far as possible on the date of filing of the applications itself in accordance with law.
Office is directed to communicate this order to the concerned court immediately.
With the above directions and observations, this petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S. To Judge