The petitioners herein are the accused Nos.1 to 4 in C.C. No. 760/2009 before the Judicial First Class Magistrate Court-II, Ernakulam. They were granted bail at the initial stage. When they remained absent on the date of trial, the learned Magistrate cancelled bail, and issued warrant of arrest against them. On the apprehension of remand to judicial custody, they brought this petition under Section 482 Cr.P.C., for a direction to the court below to release them on bail, on surrender. Of course, the question of granting bail will have to be considered by the learned Magistrate. If they could satisfactorily explain their absence, the question of granting bail on conditions can be considered by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand them to judicial custody. Any way, let appropriate decision be taken by the learned Magistrate. However, there can be a direction to the learned Magistrate to dispose of the application on the date of Crl.M.C.. No. 6702/2014 2 surrender itself. In the result, this Crl.M.C. is closed, with direction to the court below that, in case application for bail is filed by the petitioner herein on surrender in C.C. No. 760/2009, the same shall be judiciously considered, and appropriate orders shall be passed on the date of surrender itself, however, with notice to the other side. The petitioner is granted seven days to surrender before the trial court. In the mean time, execution of warrant of arrest will stand suspended.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE