This Criminal Miscellaneous Case is filed by the petitioner who is the accused in Crime No.523/2014 of Kottarakkara Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').
2. The case of the petitioner in the petition is that the petitioner is the accused in Crime No.523/2014 of Kottarakkara Police Station alleging offence punishable under Sections 323, 324, 326 and 308 of Indian Penal Code. It is submitted that the petitioner is innocent of the allegation. Though the petitioner is ready and willing to surrender before the court below, 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:
“To issue a direction to the Judicial First Class Magistrate Court-I, Kottarakkara to positively consider the petitioner's bail application in Crime No.523/2014 of Kottarakkara Police Station on the date of surrender itself.”
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. Learned counsel for the petitioner submitted that his only apprehension is that if the petitioner surrenders before the court below, his bail application will not be considered on the same day and he will be remanded to custody.
5. The petition was opposed by the Public Prosecutor.
6. It is an admitted fact that the petitioner is the accused in Crime No.523/2014 of Kottarakkara Police Station alleging offence punishable under Sections 323, 324, 326 and 308 of Indian Penal Code. 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 Class Magistrate Court No-I, Kottarakkara and moves for recalling the warrant and for releasing him on bail in Crime No.523/2014 of Kottarakkara 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 direction and observation, the 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