The petitioner herein is one of the accused in crime No.61/04 of the Perumbadappu Police Station, registered under Sections 341, 323, and 324 IPC. When he absconded from legal process his case was split up and refiled. The case now stands transferred to the register of long pending cases as LP 340/2014 before the Judicial First Class Magistrate Court, Ponnani. On the apprehension of arrest, and remand to judicial custody in view of the warrant of arrest issued from the court, the petitioner seeks orders under Section 482 Cr.P.C, directing the court below to recall the warrant, and to consider his application for bail on the date of surrender itself. Of course, the first prayer cannot be granted under Section 482 Cr.P.C. It is for the learned Magistrate to decide whether warrant will have to be recalled, or whether he can be granted bail. The petitioner will have to explain the reason for his absence throughout, when he seeks bail afresh. Anyway, I do not think that the learned Magistrate will mechanically remand the petitioner to judicial custody. His explanation for continued absence will have to Crl. M.C No. 6401 of 2014 2 be heard, and considered by the learned Magistrate. However a direction can be made to dispose of the application without delay. In the result, this petition is closed with direction to the court below that in case, the petitioner herein makes application for bail on surrender, in L.P 340/2014, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the other side.
P.UBAID, JUDGE sab