The petitioner herein apprehends arrest as accused in S.C.No.80/2011 of the Court of Session, Hosdurg. He does not know what the crime is, or what offence is alleged against him. The only thing he knows is that somebody had sometime back stolen his car. The said car is now involved in an abkari offence. Probably, police arraigned him as accused, as the owner of the said car. Any way, he does not know what the offence is. The petitioner seeks a direction to the court below to release him on bail, on surrender. It is submitted that the court below issued warrant of arrest against him when he consistently remained absent. It is not known whether the learned Trial Judge has initiated any other coercive step. Any way, this Court cannot direct the court below to release him on bail. The learned trial judge has issued warrant of arrest for proper reasons. In such a situation, this Court cannot usurp into the powers of the trial court, and order release of accused on bail, under Section 482 Crl.M.C. No. 6554/14 2 Cr.P.C. Such an extreme step can be resorted to only in appropriate cases, where warrant of arrest was illegally issued, and detention of the accused will amount to illegal custody. Here, warrant of arrest was issued by the trial court, as part of the normal trial procedure. 2. It is submitted by the learned counsel that the petitioner was in fact abroad, and he was not aware of the proceeding against him. If this grievance is genuine, it will have to brought to the notice of the learned Trial Judge. However, a direction can be made to consider the application for bail on the date of surrender itself. No doubt, the petitioner will have to surrender before the trial court, and seek regular bail. He will have to explain his consistent absence, which will definitely be considered by the learned Trial Judge while taking decision in the matter of bail.
In the result, this Crl.M.C. is closed with direction to the court below, that in case the petitioner makes application for bail on surrender in S.C. No. 80/2011, the same shall be considered and decided appropriately on the date of surrender itself. The Crl.M.C. No. 6554/14 3 petitioner is granted seven days to surrender before the trial court. In the mean time, execution of warrant of arrest will stand suspended.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE