This Criminal Miscellaneous Case is filed by the petitioner who is the accused in C.C.No.2599/2011 (Crime No.139/2011 of Badiadka Police Station) pending before the Judicial First Class Magistrate Court, Kasargod to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').
2. The case of the petitioner in the petition is that he is the accused in C.C.No. C.C.No.2599/2011 (Crime No.139/2011 of Badiadka Police Station) pending before the Judicial First Class Magistrate Court, Kasargod alleging offence punishable under Section 379 of Indian Penal Code. It is submitted that the petitioner has not committed any offence. He is not aware of the registration of the above case and the submission of the Final Report before the court arraying him as an accused. Now, the learned magistrate issued warrant against the petitioner in lieu of summons because the police submitted the Final Report treating the petitioner as absconding. It is also submitted that the petitioner was present in his native place Crl.M.C.No.2815 of 2014 : 2 :
and the submission of the Final Report alleging that the petitioner is absconding is false. Now, the petitioner is ready to appear before the court below. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:
“Direct the Judicial First Class Magistrate Court, Kasargod, to consider the bail application of the petitioner on the date of his surrender in C.C.No. 2599/2011 which arose from Crime No.139/2011 of Badiadka Police Station without treating him as an absconding accused by allowing this Criminal Miscellaneous Case.”
3. Considering the nature of relief claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that his only apprehension is that if the petitioner surrenders before the court below, his bail application will not be considered on Crl.M.C.No.2815 of 2014 : 3 :
the same day and he will be remanded to custody.
5. The petition was opposed by the Public Prosecutor.
6. It is an admitted fact that the petitioner is the accused in C.C.No. C.C.No.2599/2011 (Crime No.139/2011 of Badiadka Police Station) pending before the Judicial First Class Magistrate Court, Kasargod alleging offence punishable under Section 379 of Indian Penal Code. Since he did not appear, non bailable warrant has been issued against him and the same is pending. The apprehension of the petitioner that, if he surrenders before the court below and moves for bail, he will be remanded and his application will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension expressed in the petition, this Court feels that Crl.M.C.No.2815 of 2014 : 4 :
the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Class Magistrate Court, Kasargod and moves for recalling the warrant and for releasing him on bail in C.C. No.2599/2011 (Crime No.139/2011 of Badiadka Police Station) now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge