Petitioner herein is the sole accused in crime No. 1035/2004 of Thrissur Town East Police Station registered under Sections 405, 406, 448 and 506 IPC. When he absconded from legal process pending in C.C. No. 15/2005, the case was transferred to the register of long pending cases as L.P. No. 66/2007 in the Court of learned Chief Judicial Magistrate, Thrissur. On the apprehension of arrest in execution of warrant of arrest issued from the court, the accused now seeks orders under Section 482 Cr.P.C., directing the learned Magistrate to consider his application for bail, and to release him on bail. The prayer made by the petitioner to direct the learned Magistrate to release him on bail cannot granted by this Court under Section 482 Cr.P.C. The learned Chief Judicial Magistrate has issued warrant of arrest for proper reasons. This Court cannot usurp into jurisdiction of the learned Magistrate, and make directions Crl.M.C.. No. 5831/2014 2 for bail under Section 482. The learned Magistrate will have to decide whether bail afresh can be granted to the petitioner. No doubt, he will have to explain satisfactorily, the reason for his consistent absence. Whether he can be released on appropriate conditions, will be considered by the learned Magistrate. He will have to surrender before the learned Magistrate. However, direction can be made to the learned Magistrate to consider the application for bail on the date of surrender itself. In the result, this Crl.M.C. is closed, with direction to the court below that in case application for bail is filed by the petitioner herein on surrender in L.P. No. 66/2007 (C.C. No. 5/2005), the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE