This Criminal Miscellaneous case is filed by the accused in L.P.No.1/2014 (in C.C.No.865/2007) on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta, to issue direction to the magistrate under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that, the petitioner is arrayed as accused in Crime No.631/2007, alleging offence punishable under Section 379 of the Indian Penal Code. Originally it was taken on file as C.C.No.865/2007 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta. Since the petitioner did not appear and the case was transferred to the register of long pending cases and it is now pending as L.P.No.1/2014 before that court.
3. It is alleged in the petition that, he was not aware of the said case and he was not arrested and only when he came to know that a warrant is pending, then only he came to know about the pendency of the case. Though he is prepared to surrender before the court below, he apprehends that, he will be remanded to judicial custody without considering his bail application on the date of filing of the application itself. Unless a direction is given by this court, normally the magistrate will not consider the bail application. So according to him, he has no other remedy except to approach this court, seeking the following relief:
“To direct the Judicial First Class Magistrate Court, Pathanamthitta to consider the bail application which would be filed by the petitioner/accused in L.P.No.1/2014 (originated from C.C.No.865/2007) and pass orders thereon on the date of his surrender itself”
4. Considering the nature of relief claimed in the petition, this court felt that, this can be disposed of at the admission stage itself, after hearing the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner submitted that, though he is prepared to surrender, he apprehends that, he will be remanded to judicial custody and his bail application will not be considered by the court below on the date of filing of the application itself, unless a direction is given by this court in this regard.
6. The application was opposed by the Learned Public Prosecutor on the ground that, the petitioner is an absconding accused and the case is now pending as L.P.No.1/2014.
7. It is an admitted fact that, the petitioner was arrayed as accused in Crime No.631/2007 of Pathanamthitta Police Station and after investigation final report was filed and it was originally taken on file as C.C.No.865/2007 on the file of the Judicial First Class Magistrate Court, Pathanamthitta. It is also an admitted fact that, since the petitioner did not appear, the case was transferred to the register of long pending cases and it is now pending as L.P.No.1/2014 on the file of the Judicial First Class Magistrate Court, Pathanamthitta. The apprehension of the petitioner that, if he surrenders before the court below, he will be remanded by the court below without considering his bail application is without any basis and not genuine as well. This court has in several petitions of this nature, time and again observed that, the presiding officers of the criminal court are duty bound to consider and dispose of the bail applications on the date of surrender itself as far as possible, unless compelling circumstances warrant the postponement of the same to a future date. So in fact, there is no necessity to issue any direction as claimed in the petition. However, considering the apprehension raised by the petition 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-I, Pathanamthitta, or the court below where the case is now pending and moves for re- calling the warrant and release him on bail in L.P.No.1/2014 (C.C.No.865/2007 in Crime No.631/2007 of Pathanamthitta Police Station) pending before that court, then the learned magistrate is directed to consider and dispose of the bail application on the date of filing of the application itself, as far as possible, after hearing the Assistant Public Prosecutor of that court in accordance with law. Office is direction to communicate this order to the concerned court immediately.
With the above observation and direction, this criminal miscellaneous case is disposed of.
Sd/-
K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss