This is an application filed by the accused in C.C.No.430/09 on the file of the Judicial First Class Magistrate Court, Varkala issuing directions to dispose of the bail application on the date of surrender itself under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioners are accused in C.C.No.430/09 on the file of the Judicial First Class Magistrate Court, Varkala and they have been charge sheeted by the Varkala police alleging that they having committed the offence punishable under Sections 341, 323, 324 read with Section 34 of Indian Penal Code and since the petitioners did not surrender or appeared before the court below, they came to understand that the matter has been transferred to register of long pending cases and non bailable warrants have been issued against them. Since they have not received notice in the case, they could not appear before the court after the final report is filed. Since non bailable warrant is pending against them, though they are prepared to surrender and move for bail, they apprehend that their bail application will not be considered by the magistrate unless a direction is given by this court on the date of filling of the application itself and they will be remanded to custody. So, they have no other remedy except to approach this court seeking the following relief:
“To direct the Judicial First Class Magistrate, Varkala, to dispose the bail application submitted by the petitioners on the date of their surrender before the Magistrate.”
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 Counsel for the petitioners and the learned Public Prosecutor.
4. The Counsel for the petitioners submitted that the petitioners are prepared to appear before the court below. But, their apprehension is that they will be remanded and the bail application will not be considered on the date of filing of the application itself.
5. The application was opposed by the Public Prosecutor on the ground that the accused were absconding.
6. Heard both sides.
7. It is an admitted fact that on the basis of the statement given by the de facto complainant, a crime was registered against the petitioners alleging offences under Sections 341, 323, 324 read with Section 34 of Indian Penal Code and after investigation, final report was filed and it was originally taken as file C.C.No.430/09 on the file of the Judicial First Class Magistrate Court, Varkala. It is seen from the averments in the petition itself that since the petitioners did not appear before the court below, the learned magistrate had transferred the case to register of long pending cases and non- bailable warrant has been issued against them and it is pending against them. Their apprehension was that, if they surrender and move for bail, their bail application will not be considered on the date of filing of the application itself and they will be remanded to custody. I don't think that the apprehension raised by the petitioners are genuine. This court has time and again in several petitions like this observed that the Presiding officers of the criminal courts are duty bound to consider and dispose of the bail applications if any filed by the accused persons on their surrender as far as possible on the date of filing of the application itself unless compelling circumstances warrant to postpone the same to a future date. So, there is no necessity to issue any direction as claimed in the petition. But, however, considering the apprehension raised by the petitioner, this court feels that the petition can be disposed of as follows:
If the petitioners surrender before the Judicial First Class Magistrate Court, Varkala in C.C.No.430/2009 of that court which is now pending as long pending case and move for recalling the warrant and release them on bail, then, the learned magistrate is directed to consider and dispose of those applications on the date of surrender and filing of the application itself after hearing the Assistant Public Prosecutor of that court as far as possible in accordance with law.
8. With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge