The petitioners herein are the two accused in Crime No.2400/2013 of Kundara Police Station, registered under section 420 IPC. They want to surrender before the learned Magistrate having jurisdiction, on the apprehension of arrest by the Police.
2. Their prayer before this Court is for a direction to the Court below to grant them bail on surrender. Of course, the relief, as sought by the petitioners, cannot be granted by this Court at this stage. The proper course is to make application for bail, either under section 438 Cr.P.C. or under section 437 Cr.P.C., on surrender before the learned Magistrate. Petitioners can even surrender before the Investigating Officer. However, a direction can be made to the Court below to consider their application for bail on surrender without delay. Whether they surrender before the Investigating Officer or before the Court, the request for bail will be considered by the learned Magistrate judiciously. I do not think that the learned Magistrate will mechanically remand them without hearing what their grievance is.
3. The learned counsel for the petitioner submits that the real transaction is, in fact, a civil transaction concerning mortgage of some property as security for a debt. Anyway, those aspects will be considered by the learned Magistrate.
In the result, the petition is closed, with direction to the court of the learned Judicial First Class Magistrate-I, Kollam, that in case application for bail is made by the petitioners on surrender before the learned Magistrate or on surrender before the Investigating Officer, the same shall be judiciously considered, and appropriate decision shall be taken on the date of application itself, however with notice to the learned Assistant Public Prosecutor.
Sd/- P.UBAID, JUDGE jjj