The petitioner herein is the 6th accused in Crime No.146/2011 of the Kothamangalam Police Station. Cognizance was taken against him long back. The case against the petitioner herein happened to be split up when he absconded from legal process. He was once released on bail, but later he remained consistently absent during the proceedings. The case against the accused was split up as C.P No.6/2012, and it stands now transferred to the register of long pending case as L.P No.4/2013 before the learned Judicial First Class Magistrate Court, Kothamangalam. On the apprehension of arrest in execution of warrant of arrest issued from the court, he approached this Court with this petition under Section 482 of the Code of Criminal Procedure for a direction to the learned Magistrate to release him on bail, on surrender.
2. The prayer as sought by the petitioner cannot be granted by this Court under Section 482 of the Code of Criminal Procedure. He will have to surrender before the learned Crl.M.C No.5344 of 2014 2 Magistrate and seek regular bail. Of course, he will have to satisfactorily explain the reason for his consistent absence, when he seeks bail afresh. A direction to the court below to release the accused on bail cannot be made under Section 482 of the Code of Criminal Procedure when the court has issued warrant of arrest for proper and legal reasons. However, the court below can be directed to dispose of the application for bail on the date of surrender itself, as sought by the petitioner.
In the result, this Criminal Miscellaneous Case is closed with a direction to the court below that in case application for bail is filed by the petitioner herein on surrender, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor, in charge of the case.
P.UBAID JUDGE ab