-------- This is an application filed by the first accused in L.P.C.No.139 of 2008 (Crime No.110/07 of Kasaragod police station) on the files of the Judicial First Class Magistrate Court,No-I, Kasaragod to issue directions to the Magistrate to grant on bail on surrender under Section 482 of the Criminal Procedure Code.
2. It is alleged in the petition that the petitioner was arrayed as first accused in Crime No.110 of 2007 of Kasaragod police station which was registered on the basis of statement given by the defacto complainant against the petitioner and others alleging offences under Sections 143, 147, 148, 341, 332 and 308 r/w Section 149 of Indian penal Code and after investigation, final report was filed and since the petitioner did not appear, the case against him was split up and later transfered to register of long pending cases as L.P.C.No.139 of 2008 and pending before the Judicial First Class Magistrate Court, No-I, Kasaragod. He is prepared to surrender and cooperate with the trial of the case but in view of the pendency of the non bailable warrant, he will be remanded to custody and his bail application will not be considered unless a direction is given by this Court in this regard. So the petitioner has no other remedy except to approach this Court seeking the following relief:-
to direct the learned Judicial first Class Magistrate-I, Kasaragod to enlarge the petitioner on bail or to dispose of the bail application filed by the petitioner on the same day itself in the event of his arrest or surrender in connection with L.P.C.No.139/2008 in the interest of justice.
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. Counsel for the petitioner submitted that his only apprehension is that if he surrenders before the Court below, his bail application will not be considered and he will be remanded to custody. Unless a direction is given from this court, normally the Magistrate will not consider the bail application on the date of filing of the application itself.
5. The application was opposed by the Public Prosecutor on the ground that he is an absconding accused.
6. It is an admitted fact that on the basis of the statement given by the defacto complainant, a case was registered as Crime No.110/07 of Kasaragod police station against the petitioner and others alleging offences under Sections 143, 147, 148, 341, 332 and 308 r/w Section 149 of Indian penal Code and after investigation, final report was filed. Except the present petitioner, others appeared and the case against them was split up and committed the Sessions Court and after trial, they were acquitted. It is so alleged in the petition, that the case against the present petitioner was split up and since he did not appear, in spite of coercive steps taken, after complying with the formalities, the learned Magistrate had transferred the case to register of Long Pending Case and it is now pending as L.P.C.No.139 of 2008 before the Judicial First Class Magistrate Court,No-I, Kasaragod. It is also an admitted fact 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 custody without considering his bail application is without any basis and not genuine as well. This Court has time and again in several matters of this nature observed that the 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 their surrender itself unless compelling circumstances warrant postponement of the same to a future date. So in fact there is no necessity to issue direction as sought in the petition.
However, considering the apprehension raised by the petitioner 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, Kasaragod in L.P.139/2008 (Crime No.110/2007 of Kasaragod police station) pending before the Judicial First Class Magistrate Court-I, Kasaragod and moves for recalling the warrant and release him on bail then the learned Magistrate is directed to consider and dispose of those applications after hearing Assistant Public Prosecutor of that Court as far as possible on the date of filing of the application itself in accordance with law.
With the above directions and observations the petition is disposed of. Office is directed to communicate this order to the concerned Court immediately.
K.RAMAKRISHNAN, JUDGE R.AV