The petitioner herein are the two accused in C.C. No.315 of 2011 of the Judicial First Class Magistrate Court-I, Palakkad. On the apprehension of arrest in execution of the warrant of arrest issued from the court, the petitioners seek orders under Section 482 of the Code of Criminal Procedure directing the trial court to consider their request for bail on the date of surrender itself. Their apprehension is that they will be remanded to judicial custody by the learned Magistrate. I do not think that the learned Magistrate will remand them to judicial custody mechanically when the offences are really bailable. They can very well surrender before the learned Magistrate and seek regular bail under Section 437 of the Code of Criminal Procedure. However, a direction can be made to the court below to consider and dispose of the application for bail on the date of surrender itself. Crl.M.C No.6217 of 2014 2 In the result, this petition is closed with direction to the court below that in case the petitioners file application for bail under Section 437 of the Code of Criminal Procedure afresh in C.C No.315 of 2011, the same shall be judiciously considered and decided on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor.
ma /True copy/ SD/-
P.UBAID JUDGE P.S to Judge