On the apprehension of arrest and remand to judicial custody in crime No.967/2005 which stands transferred to the register of long pending cases as L.P.C No.8/2014 before the learned Judicial First Class Magistrate– II, Ernakulam, the petitioner seeks a direction to the court below to consider his application for bail without delay. Of course, the request for bail will have to be considered by the learned Magistrate who has issued warrant of arrest for proper reasons. The offence involved is under Section 384 IPC r/w Section 511 IPC. The petitioner will have to explain his absence throughout. He need not apprehend that the learned Magistrate will mechanically remand him without hearing him, and without appreciating his grievances or explanation for his absence throughout. However, a direction can be made to consider the application on the date of surrender itself. 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 L.P No.8/2014, the same shall be judiciously Crl. M.C No. 7333 of 2014 2 considered, and appropriate decision regarding bail shall be taken on the date of surrender itself. The petitioner is granted time for seven days to surrender before the trial court, and make application for bail. During this period, execution of warrant of arrest will stand suspended.
P.UBAID, JUDGE sab