The petitioner herein is the accused in C.P No. 45/2014 of the Judicial First Class Magistrate Court, Sasthamcotta. The prosecution case against him is that on 4.3.2011, he was found possessing of 130 ltrs of wash. On the apprehension of arrest, and remand to judicial custody in execution of the warrant of arrest issued from the court, the petitioner seeks a direction from this court under section 482 Cr.P.C to the court below to release him on bail, and also to consider his application for bail without any delay. Of course, direction to grant bail cannot be made by this court, because the learned Magistrate who has issued warrant of arrest for proper reasons will have to consider the request for bail afresh. The petitioner will have to explain his absence throughout, and it will be considered by the learned Magistrate. However a direction can be made to dispose of the application without any delay. In the result, this petition is closed with direction to the court below, that in case application for bail is filed by the petitioner on surrender in C.P No.45/2014, the same shall be judiciously Crl. M.C No. 6976 of 2014 2 considered, and appropriate decision shall be taken on the date of surrender itself, however with notice to the other side.
P.UBAID, JUDGE sab