-------- This is an application filed by the petitioner who is the fifth accused in Crime No.777/2012 of Chandera police station now pending as L.P.C.43/2014 before the Judicial First Class Magistrate Court-I, Hosdurg to give direction to the Magistrate to consider and dispose of the bail application under section 482 of Code of criminal procedure.
2. It is alleged in the petition that petitioner is the fifth accused in Crime No.777/2012 of Chandera police station along with others alleging offences under section 143, 147, 148, 341, 324, 308 r/w 149 of Indian Penal Code and some of the accused persons obtained anticipatory bail and thereafter case against them namely, 1 to 4, 6, 7, 9 and 10 were committed to the Sessions Court. But the case against the petitioner was split up and refiled and thereafter it was transferred to register of long pending cases and now pending as L.P.43 of 2014 before the Judicial First Class Magistrate Court-I, Hosdurg. He was not in station and so he could not appear or take bail. When he came to understand that a non bailable warrant is pending against him, though he is prepared to surrender, he apprehends that he will be remanded to custody without considering his bail application. So the petitioner has no other remedy except to approach this Court seeking the following relief:-
to direct the Judicial First Class Magistrate-I, Hosdurg to consider the application of the petitioenr for bail in L.P.C.43/2012 and pass appropriate orders on the date of surrender itself in the interest of justice.
3. Considering the nature of relief claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the learned counsel for the petitioner and the learned Public Prosecutor.
4. The counsel for the petitioner submitted that the apprehension of the petitioner is that if he surrenders, he will be remanded to custody without considering his bail application. Unless direction is given from this court, the bail application will not be considered on the same day.
5. The application was opposed by the learned Public Prosecutor on the ground that the petitioner is an absconding accused.
6. It is an admitted fact that the petitioner was arrayed as fifth accused in Crime No.777 of 2012 of Chandera police station and after investigation final report was filed before the Judicial First Class Magistrate Court-I, Hosdurg and except the petitioner, others appeared and the case against them was committed to Sessions Court and the case against the petitioner was split up and since he did not appear, his case was transferred to register of long pending cases and pending as L.P.C.No.43 of 2014 before that court. It is also an admitted fact that non bailable warrant is pending against him. The apprehension of the petitioner that if he surrenders his bail application will not be considered and he will be remanded to custody is without any basis as this Court has in several matters of this nature time and again observed that the presiding officers of the criminal courts are duty bound to consider and dispose of the bail applications filed by the accused on their surrender as far as possible on the date of filing itself unless compelling circumstances warrant postponement of the same to a future date. So in fact there is no necessity to issue any direction as such as claimed by the petitioner in the petition. However, considering the apprehension raised by him in the petition, this court feels that the petition can be disposed of as follows:-
If the petitioner surrenders before the Judicial First Class Magistrate Court-I, Hosdurg and moves for recalling the warrant and release him on bail in L.P.C.No.43 of 2014 (Crime No.777 of 2012 of Chandera police station), then the learned Magistrate is directed to consider and dispose of that application after hearing the Assistant Public prosecutor of that Court as far as possible on the date of filing of the application itself in accordance with law.
With the above directions and observations, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately.
sd/-
K.RAMAKRISHNAN, JUDGE R.AV