This Criminal Miscellaneous Case is filed by the petitioner who is the 2nd accused in Crime No.563/2013 of Vidyanagar Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure.
2. The case of the petitioner in the petition was that he is the 2nd accused in Crime No.563/2013 of Vidyanagar Police Station for the alleged commission of offences punishable under Sections 143 147, 148, 341, 324, 427, 506(ii) & 308 read with Section 149 of Indian Penal Code. After filing final report, it was taken on file as C.P.No.48/2014 on the file of the Judicial First Class Magistrate Court, No-I, Kasaragod. The petitioner earlier appeared and released on bail. Later, he did not appear as the petitioner got a job out of Kerala and he went to join for the job. So, his bail was cancelled and non bailable warrant is issued. Now, non bailable warrant is pending against him. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief/reliefs:
“To direct the learned Judicial I 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 C.P.No.48/2014, 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. The counsel for the petitioner submitted that his apprehension is that if he surrenders before the court below, his bail application will not be considered and he will be remanded to custody.
5. The petition was opposed by the Public Prosecutor on the ground that the petitioner was absconding.
6. It is an admitted fact that the petitioner is the 2nd accused in Crime No.563/2013 of Vidyanagar Police Station for the offences punishable under Sections 143 147, 148, 341, 324, 427, 506(ii) & 308 read with Section 149 of Indian Penal Code and the same is now pending as C.P.No.41/2013 on the file of the Judicial First Class Magistrate Court, Kasaragod. The petitioner earlier appeared and released on bail. Later, he did not appear and so his bail was cancelled and non bailable warrant has been issued against him and the same is pending. The apprehension of the petitioner that, if he surrenders before the court below and moves for bail, he will be remanded and his application will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension expressed in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Magistrate Court, Kasaragod and moves for recalling the warrant and for releasing him on bail in C.P.No.48/2014 (Crime No.563/2013 of Vidyanagar Police Station) now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above directions and observations, this petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge