This Criminal Miscellaneous Case is filed by the 3rd accused in Crime No.34/2013 of Vidya Nagar Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').
2. The case of the petitioner in the petition is that he is the 3rd accused in Crime No.34/2013 of Vidya Nagar Police Station for the alleged commission of the offence punishable under Sections 143, 147, 148, 447, 341, 324, 308 read with Section 149 of Indian Penal Code. After filing final report, it was taken on file as C.P.No.44/2014 on the file of the Judicial First Class Magistrate Court, No-I, Kasargode. The learned magistrate has issued Non Bailable Warrant against the petitioner because in the final report, it is mentioned that the petitioner is absconding. Now, the petitioner submits that he is ready to participate with the trial of the case. He is also ready to appear before the learned magistrate. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that, he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
“To direct the Judicial 1st Class Magistrate I Kasargode to recall the Non Bailable Warrant issued against the Petitioner and to release him on bail in the event he appears before the aforesaid court such date which deems fit by this Hon'ble Court, in the interest of justice.”
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. Learned counsel for the petitioner submitted that his only apprehension is that if he surrenders, his bail application will not be considered on the same day and he will be remanded to custody.
5. The petition was opposed by the Public Prosecutor on the ground that the petitioner is an absconding accused.
6. It is an admitted fact that the petitioner is the 3rd accused in Crime No.34/2013 of Vidya Nagar Police Station for the alleged commission of the offence punishable under Sections 143, 147, 148, 447, 341, 324, 308 read with Section 149 of Indian Penal Code. After filing final report, it was taken on file as C.P.No.44/2014 on the file of the Judicial First Class Magistrate Court, No-I, Kasargod. The learned Magistrate has issued non bailable warrant against him because in the final report, it is mentioned that the petitioner is absconding. The apprehension of the petitioner that, if he surrenders before the court below and moves for bail, he will be remanded and his application will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension expressed 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 Court No-I, Kasargode and moves for recalling the warrant and for releasing him on bail in C.P.No.44/2014 (Crime No.34/2013 of Vidya Nagar Police Station) now 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 in accordance with law as far as possible on the date of filing of the application itself.
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.
Bb [True copy] P.A to Judge