The petitioner is accused in C.C No.1312/2009 of Judicial First Class Magistrate Court-I, Kottarakara for the offence punishable under Section 323 I.P.C. The petitioner was absconding and now approaches this court stating that he is ready to surrender before the court below. The petitioner however apprehends that on a surrender before the court below his application for bail may not be considered by the court on the same day.
2. After hearing the learned counsel for the petitioner, while I have no reason to assume that the court below will not consider the application for bail if made by the petitioner, on the same day itself, in view of the apprehensions now raised by the learned counsel for the petitioner, I dispose of the Crl.M.C on following directions :
1. The petitioner shall surrender before the Judicial First Class Magistrate Court-I, Kottarakara on 15th May, 2014.
2. On that day it will be open to the petitioner to file an application for regular bail.
Crl.M.C No.2451 OF 2014 2
3. The application for bail if filed by the petitioner on that date shall be considered by the Judicial First Class Magistrate Court-I, Kottarakara on the same day itself. This shall be done after hearing the learned Public Prosecutor.
4. There shall be a stay of execution of non bailable warrant against the petitioner till 15th May, 2014.
With these directions, the Crl.M.C is disposed of.
Sd/- A.K.JAYASANKARAN NAMBIAR, JUDGE //True Copy// P.A to Judge amk