The petitioners herein are the accused in C.C No.16/2013 of the Judicial First Class Magistrate Court – I, Changanacherry. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest issued from the court, the petitioners seek direction from this court under Section 482 Cr.P.C to the court below to recall the warrant of arrest against him and to release him on bail. Of course, the prayer as sought by the petitioners cannot be granted by this court under Section 482 Cr.P.C. The learned Magistrate who has issued warrant of arrest for proper reasons will have to examine the request and pass appropriate orders. I do not think that the learned Magistrate will mechanically remand him to custody, when the major offences are bailable. Of course, the petitioners will have to explain their absence, and the question of bail afresh on condition can be thought of by the learned Magistrate. However, a direction can be made to the court below to consider and dispose of the application without delay. Crl. M.C No.7136 of 2014 2 In the result, this petition is closed with direction to the court below, that in case the petitioners make application for bail on surrender, in C.C. No. 16/2013, the same shall be judiciously considered, and appropriate decision shall be taken on the date of surrender itself, however with notice to the other side. The petitioners are given time till 29.12.2014 to surrender before the trial court. During this period, execution of the warrant of arrest will stand suspended.
P.UBAID, JUDGE sab