The petitioner in these four proceedings is the same. He is involved as accused in so many cases. In most of the cases, he is already on bail, but in four of the cases before the Judicial First Class Magistrate Court, Changanassery warrant of arrest is pending against him. He wants to surrender and make application for bail, but his apprehension is that the learned Magistrate will insist on production of different sets of sureties for each case. In such a situation, he seeks orders under Section 482 of the Code of Criminal Procedure from this Court for a direction to the court below to accept the sureties without insisting for production of different sets of sureties for each case, and also directing the learned Magistrate to recall the non- bailable warrant issued against him. Of course, the prayer for direction to recall the warrant cannot be granted under Section 482 of the Code of Criminal Procedure. The petitioner will have to surrender before the learned Crl.M.C Nos.6271,6277, 6279, & 6283 of 2014 2
Magistrate and make application for regular bail. It is submitted that he is already on bail in most of the cases. He has already made appearance through counsel in the four cases. I do not think that the learned Magistrate will remand him to judicial custody mechanically, on surrender. He will have to satisfy the learned Magistrate that he had sufficient reason for his absence in court. Once satisfactory explanation is offered, it will have to be considered by the learned Magistrate and the question of granting bail on appropriate conditions can be thought of. However, the other grievance deserves consideration. It is made clear that, what is important is not the number of sureties but the solvency of the sureties. Even two sureties can be accepted by the court in the four cases, if they are solvent to the extent fixed by the court in all the cases, I do not think that the learned Magistrate will insist on production of different sets of sureties for each case. If the sureties offered by the petitioner are really solvent to the extent fixed by the court in all the cases, they can well be accepted.
Crl.M.C Nos.6271,6277, 6279, & 6283 of 2014
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These petitions are accordingly closed, with direction to the court below that in case application for bail is filed by the petitioner 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.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge