The petitioner herein is the 1st accused in S.C. No.475/2010 of the Court of Session, Thrissur. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued by the Court below, he seeks a direction from this Court under section 482 of Cr.P.C., to the court below to re-call the warrant of arrest and to release him on bail.
2. It is submitted that the petitioner was granted bail at the initial stage. It is not known whether the said bail stands cancelled. The grievance of the petitioner is that he had not, if fact, received summons in the proceedings, and warrant of arrest happened to be issued against him when his successor in office omitted to intimate him duly regarding the case.
3. Anyway, the learned Sessions Judge, who has issued warrant of arrest will have to examine the grievance of the petitioner. If his case is genuine and if he has explanation regarding his absence, it will have to be considered by the learned Sessions Judge. I do not think that the learned Sessions Judge will mechanically remand him to judicial custody without hearing him regarding his explanation for absence. This Court cannot, under section 482 Cr.P.C, direct the trial Court to release the accused on bail or re-call the warrant. The learned Sessions Judge will consider the request and pass appropriate orders. However, a direction can be made to dispose of the application for bail without delay.
In the result, this petition is closed with a direction to the court below that in case the petitioner makes application for bail on surrender in S.C. No. 475/2010, the same shall be judiciously considered, the petitioner's grievance shall be heard, and appropriate orders shall be passed on the date of surrender itself, however, with notice to the learned Public Prosecutor. The petitioner is granted time for ten days to surrender before the Court below and apply for bail. During this period, execution of the warrant of arrest shall stand suspended.
Sd/- P.UBAID, JUDGE jjj