Petitioner herein is the 5th accused in C.P. No. 78/2014 of the Judicial First Class Magistrate Court-I, Kasaragod. On the apprehension of arrest in execution of a warrant of arrest issued from the court, he brought this petition under Section 482 Cr.P.C. for a direction to the learned Magistrate to consider his application for bail and to release him on bail, on surrender. 2. On hearing learned counsel and learned Public Prosecutor, I find that the prayer sought by the petitioner cannot be granted. Whether he can be released on bail or not, is a matter to be considered by the learned Magistrate, who has issued warrant for proper reasons. It appears that warrant happened to be issued when the petitioner absconded from legal process. Any way, let the request be considered by the learned Magistrate. The petitioner will have to explain the reason for his absence throughout. Now, the learned counsel makes a request Crl.M.C. No. 5580 Of 2014 2 for a direction to consider his application for bail on the date of surrender itself. Of course, such a direction can be made in the interest of justice.
In the result, this Crl.M.C. is closed, with direction to the learned Magistrate that, in case application for bail is made by the petitioner herein on surrender in C.P. No.78/2014, the same shall be judiciously considered and decided on the date of surrender itself, however, with notice to the learned Assistant Public Prosecutor in charge of the case.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE