The petitioner herein is the 2nd accused in C.C No.1318/2013 of the Judicial First Class Magistrate Court-I, Thodupuzha. His grievance is that he was in fact arrested during investigation, but now there is a warrant of arrest pending against him from the trial court. On the apprehension of arrest, in execution of the said warrant, he seeks a direction under Section 482 of the Code of Criminal Procedure to the learned Magistrate to re-call the warrant and to release him on bail, on surrender. Of course, the relief as sought by the petitioner cannot be granted by this Court. His request for bail will have to be considered by the learned Magistrate, who has issued warrant for proper and legal reasons. Of course, if the petitioner has satisfactorily explanation for his consistent absence throughout, it will be considered by the learned Magistrate, and the question of granting bail on conditions can be thought of. However, a direction can be made to consider the application for bail on the date of surrender itself, as sought by the petitioner.
Crl.M.C No.6126 of 2014 2 In the result, this Criminal Miscellaneous Case is closed with a direction to the court below that in case application for bail is filed by the petitioner herein on surrender, 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. The petitioner is granted time for seven days to surrender, during which period execution of warrant will stand suspended.
P.UBAID JUDGE ab