This is an application filed by the petitioner to quash the nonbailable warrant issued against him in L.P No.60/2013 by the Judicial First Class Magistrate, Ottapalam u/s 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is the sole accused in L.P No.60/2013 pending before the Judicial First Class Magistrate, Ottapalam. A case was registered as Crime No.373/2012 of Shornur Police Station alleging offences u/s 143, 147, 148, 323, 324, 341 and 308 r/w Section 149 of Indian Penal Code and after investigation final report was filed and it was originally taken on file as C.P No.117/2012 on the file of the Judicial First Class Magistrate, Ottapalam. Since the petitioner did not appear the case against him was split up and later transferred to the register of Long Pending cases as L.P No.60/2013 and non-bailable warrant has been issued against him. His non-appearance was not willful and so the court below was not justified in issuing non-bailable warrant and it is liable to be quashed. He also apprehends that if he surrenders before the court below, he will be remanded and his bail application will not be considered. So he has no other remedy except approaching this court to seek the following relief:
Direct the court below to recall the non-bailable warrant issued against the petitioner/accused in L.P No.60/2013, on the files of Judicial First Class Magistrate, Ottapalam.
3. When the application came up for hearing today, the counsel for petitioner submitted that he will be satisfied if a direction is given to the Magistrate to consider and dispose of his bail application on the date of his surrender itself. So considering the submissions made and also considering the nature of relief claimed this court feels that it can be disposed of after hearing the counsel for petitioner and the Public Prosecutor.
4. Heard both sides.
5. It is an admitted fact that petitioner was implicated as an accused in Crime No.373/2012 of Shornur Police Station along with other accused persons alleging offences u/s 143, 147, 148, 323, 324, 341 and 308 r/w Section 149 of Indian Penal Code. It is also an admitted fact that after investigation, final report was filed and the case was taken on file originally as C.P No.117/2012 on the file of the Judicial First Class Magistrate, Ottapalam and except the petitioner, case against other accused persons was committed to the Sessions Court. Since petitioner did not appear, the case against him was split up and after complying with the procedure the case was transferred to register of Long Pending cases as L.P No.60/2013 and it is now pending before that court. It is also an admitted fact that L.P warrant is pending against the petitioner. So considering the circumstances the prayer made in the petition to quash the non-bailable warrant issued against the petitioner cannot be granted as he was an absconding accused.
6. However, the submission made by the counsel for petitioner that he is prepared to surrender and he will be satisfied with the direction to the Magistrate to consider and dispose of his bail application on the date of filing of application itself can be considered. This court has time and again observed in several petitions of this nature that the presiding officers of the criminal court are bound to dispose of the bail application on the date of filing of application itself when the accused surrender before that court unless there are compelling circumstances to postpone the same to a future date. Though there is no necessity to issue a direction to the Magistrate as prayed for by the counsel for petitioner, considering the apprehensions raised in the petition, this court feels that the petition can be disposed of as follows:
1) Petitioner is not entitled to get the relief of quashing the non-bailable warrant issued against him as claimed in the petition as he is an absconding accused and the case is now pending before the court below as L.P No.60/2013.
2) However, if the petitioner surrenders before the Judicial First Class Magistrate, Ottapalam and moves for recalling the L.P warrant pending against him and release him on bail in L.P No.60/2013 pending before that court then the learned Magistrate is directed to consider and dispose of that application after hearing the Assistant Public Prosecutor of that court, as expeditiously as possible, at any rate, on the date of filing of the file itself, in accordance with law.
3) Petitioner is directed to surrender before the concerned Magistrate Court on or before 30.05.2014 Office is directed to communicate this order to the concerned court immediately.
With the above directions and observations the petition is disposed of.
K.RAMAKRISHNAN, JUDGE vdv