The petitioner herein is the 3rd accused in C.P.No.6 of 2011 of the Judicial First Class Magistrate Court-II, Cherthala. On the apprehension of arrest and remand to judicial custody, in execution of a warrant of arrest issued from the Court, the petitioner seeks a direction from this Court under Sec.482 of Cr.P.C. to the learned Magistrate to release him on bail on surrender. Of course, the relief as sought for by the petitioner can be granted. The learned Magistrate who has issued warrant of arrest for proper reasons will have to consider the request. The petitioner will have to explain his absence throughout before the learned Magistrate. However, a direction can be made to consider the application on the date of surrender itself. In the result, this petition is closed with direction to Court below, that incase the petitioner herein makes application for bail on surrender, in C.P. No.6 of 2011, the same shall be judiciously considered, and Crl. M.C. No.6913 of 2014 2 appropriate orders shall be passed on the date of surrender itself, however with notice to the other side.
Sd/-
P.UBAID JUDGE NS