This criminal miscellaneous case is filed by the 2nd accused in C.C.1508/2007 pending before the Judicial First Class Magistrate-I, Kollam, to issue direction to the magistrate to consider and dispose of the bail application on the date of filing of the application itself under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code'). 2. It is alleged in the petition that, the petitioner was arrayed as 2nd accused in C.C.1508/2007 pending before Judicial First Class Magistrate Court-I, Kollam, which was taken on file on the basis of a private complaint filed by the 2nd respondent, alleging commission of the offence under Section 138 of the Negotiable Instruments Act. He has been implicated as a joint account holder and since he was absent for long time, non-bailable warrant has been issued against him. Initially petitioner entrusted vakalath to the same counsel of the first accused and first accused told that, he had already settled the entire liability. He was not aware of the pendency of the non- bailable warrant. Only now he came to know about same. Though he is prepared to surrender, his apprehension is that, if he surrenders, then he will be remanded to custody without considering his bail application, unless a direction is given from this court to consider his bail application 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:
i. Issue a direction to recall the non-bailable warrant against the petitioner/accused in C.C.No.1508/2007 pending before the Judicial First Class Magistrate Court-I, Kollam.
ii. Issue a direction to the Judicial First Class Magistrate Court-I, Kollam to consider the petitioner's bail application in C.C.1508/2007 on the date of surrender itself and ;
iii. Issue such other order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
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. It is alleged in the petition that, the petitioner was arrayed as 2nd accused in C.C.1508/2007 pending before the Judicial First Class Magistrate Court-I, Kollam, which originated on the basis of a private complaint filed by the 2nd respondent, alleging offence under Section 138 of the Negotiable Instrument Act. Though he earlier appeared, later he did not appear, on the belief that, first accused had already settled the claim with the defacto- complainant. Now it is also seen from the petition itself that, non-bailable warrant is pending against him. The apprehension of the petitioner that, if he surrenders before the court below, he will be remanded to judicial custody without considering the bail application, on the date of filing of the application itself is without any basis or not genuine. This court has in several matters of this nature, time and again observed that, presiding officers of the criminal courts are duty bound to consider and dispose of the bail applications filed by the accused 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. There is no necessity to issue any direction as such, as claimed in the petition. However, considering the apprehension raised 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, Kollam, and moves for re-calling the non-bailable warrant issued against him and release him on bail in C.C.1508/2007 pending before that court, then the learned magistrate is directed to consider and dispose of those applications, after hearing the counsel for the complainant as well, as far as possible, on the date of filing of the application itself, in accordance with law.
With the above observation and direction, this criminal miscellaneous case is disposed of. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss