The petitioner herein has been facing prosecution under Sections 279, 338 and 304 A IPC in C.C No. 563 of 2010 before the Judicial First Class Magistrate Court, Chittur. When he remained consistently absent during trial, the learned Magistrate issued warrant of arrest against him. On the apprehension of arrest in execution of warrant, he brought this petition under Section 482 Cr.P.C, for a direction to the learned Magistrate to recall the warrant of arrest, and to grant bail to him. The prayer as sought by the petitioner cannot be granted by this court. It is for the learned Magistrate to decide on the question of bail, when the court has issued warrant of arrest for proper reason. Of course, it is true that the offences are bailable. This will definitely be considered by the learned Magistrate. However, the accused will have to explain the reason for his consistent absence throughout, to avoid conditions for bail. Anyway, let the petitioner surrender before the learned Magistrate, and make application for bail. In the result, this Crl. M.C is closed with a direction to the
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court below that in case the petitioner makes application for bail on surrender, the same shall be judiciously considered on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor. The petitioner will have to surrender within seven days. Till then execution of warrant of arrest will be kept in abeyance.
P.UBAID, JUDGE sab /TRUE COPY/ PA TO JUDGE