The petitioner herein in is the original second accused in O.R No. 4/2002 of the Kollengode Forest Range. He was initially released on bail but when he absconded from trial process the case against him was split up and refiled as C.C 2098/2012 in the Judicial First Class Magistrate Court, Chittoor. On the apprehension of arrest in execution of a warrant of arrest issued from the trial court he brought this application under Section 482 Cr.P.C, for a direction to the learned Magistrate to recall the warrant of arrest, and to consider his application for bail on surrender. 2. On hearing the learned counsel I find that the first prayer sought by the petitioner cannot be granted under Section 482 Cr.P.C. The learned Magistrate issued warrant of arrest for proper reasons when the petitioner remained consistently absent during the trial process. It is for the learned Magistrate to decide on the question of bail, and such directions cannot be made by this court under Section 482 Cr.P.C. The petitioner will have to surrender before the learned Magistrate and seek bail under Section 437 Cr.P.C. However, in view of the apprehension that he would be remanded to Judicial custody, a direction can be made by the trial court to consider and dispose of the application for bail on the
Crl. M.C No. 5641 of 2014 2
date of surrender itself.
In the result, this petition is closed with a direction to the court below that in case application is filed by the petitioner on surrender for bail, the same shall be judiciously considered, and decided on the date of surrender itself. The petitioner is granted time for seven days to make surrender, and during this period execution of warrant of arrest now pending against him will be kept in abeyance.
P.UBAID, JUDGE sab The words “second accused” occurring in the first line of the first paragraph at page 1 of the order dated 8.10.2014 in Crl.M.C 5641/2014 are corrected and substituted as “first accused”, vide order dated 12.11.2014 in Crl.M.A 10038/2014 in Crl.M.C 5641/2014.
sd/- Registrar (judicial)