This is an application filed by the petitioners/accused Nos.1 and 3 to issue direction to the Magistrate to release bail under Section 482 of Code of Criminal Procedure.
2. Heard both the sides. It is seen from the petition itself that the petitioners have been arrayed as accused Nos.1 and 3 in Crime No.287/2008 of Elathoor Police Station and alleging offences under Section 498(A), 406 read with Section 34 IPC. It is also alleged in the petition that there were several cases between the parties and that has been settled. After investigation, final report has been filed as and now the case is pending as C.C No.837/2009 before the Judicial First Class Magistrate's Court, Koyilandi and since the petitioners did not appear, non bailable warrant has been issued against them. They were under the impression that the matter will not be proceeded by the de facto complainant on account of the settlement . But, in view of the pendency of the non bailable warrant, they apprehend that they will be remanded to custody if Crl.M.C.No.7085 of 2014 2 he surrender. On going through the allegations, I do not think that it is a case where a direction as such can be granted. But, the apprehension of the petitioners that if they are surrender before the court below, they will be remanded to the custody without considering the bail application, is also without any basis. This Court has in similar matters observed that the judicial officers of the criminal court are duty bound to consider and dispose of the bail applications on their surrender as far as possible on the date of filing of the applications itself. So, this petition can be disposed of with direction that if the petitioners surrender before the Judicial First Class Magistrate's Court, Koyilandy and move for recalling the warrant and release them on bail, then the learned Magistrate is directed to consider and dispose of those application after hearing the Assistant Public Prosecutor of that Court as far as possible on the date of filing the application itself in accordance with law.
With the above direction and observation, the petition is disposed of.
stu K.RAMAKRISHNAN, JUDGE.