The petitioner herein is the accused in S.T.No.892/2003 of the Judicial First Class Magistrate Court, Changanassery. The said case now stands transferred to the register of long pending cases as L.P.No.164/2007. The offence involved is under Section 138 of the Negotiable Instruments Act. On the apprehension of arrest and remand to custody in execution of a warrant of arrest issued from the court in the long pending proceedings, the petitioner seeks direction under Section 482 Cr.P.C. to the learned Magistrate to consider his application for bail on the date of surrender itself, and to release him on bail. The second prayer cannot be allowed by this Court. It is for the learned Magistrate to decide whether the petitioner can be granted bail. However, if the petitioner could satisfactorily explain his absence throughout, the question of releasing him on bail on condition can be considered by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand him to custody, Crl.M.C.. No. 6310/2014 2 when the offence is bailable. He can very well surrender before the learned Magistrate, and seek regular bail. However, a direction can be made to consider his application for bail on the date of surrender itself. In the result, this Crl.M.C. is closed, with a direction to the trial court that in case the application for bail is filed by the petitioner on the date of surrender in S.T. No. 892/2003 (L.P. No.164/07), the same shall be judiciously considered and decided on the date of surrender itself.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE