The petitioner herein is the accused No. 1 in C.C 566/2010. When he remained absent consistently, his case was split up and refiled, and the case now stands transferred to the register of long pending cases as LP 27/2013 before the Judicial First Class Magistrate Court – I, Perinthalamanna. On the apprehension of arrest in execution of the warrant of arrest issued from the court, he seeks direction to the court below under Section 482 Cr.P.C to consider his application for bail on the date of surrender itself, and not to remand him to custody. Of course, the second prayer cannot be granted under Section 482 Cr.P.C. In view of the warrant of arrest pending against him he will have to surrender before the learned Magistrate, and apply for regular bail. No doubt, the circumstances in which he could not make appearance promptly will definitely be considered by the learned Magistrate, when application for bail is filed. It appears that he was abroad, and he was not aware of the prosecution. If so, the learned Magistrate can think of granting bail on conditions. However he will have to surrender, and Crl. M.C No. 6239 of 2014 2 make application for bail. In view of the apprehension, a direction can be made to the court below to hear and dispose of the application on the date of surrender itself. In the result, this Crl.M.C is closed with direction to the court below that in case application for bail is filed by the petitioner on surrender in L.P 27/2013, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the other side. He is granted time for seven days to surrender before the trial court, during which period execution of the warrant of arrest will stand suspend.
P.UBAID, JUDGE sab