The petitioner herein is the 2nd accused in C.P No.200/2014 of the Judicial First Class Magistrate Court-I, Haripad. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court below, the petitioner seeks orders under Section 482 of the Code of Criminal Procedure, directing the trial court to consider his application for bail without any delay. The learned Magistrate has issued warrant of arrest for proper and legal reasons. The petitioner will have to surrender before the learned Magistrate and seek bail afresh. If the petitioner has satisfactory explanation for his consistent absence throughout, it will be considered by the learned Magistrate, and appropriate decision will be taken by the learned Magistrate. However, a direction can be given to the trial court to consider and dispose of the application for bail without any delay.
In the result, this Crl.M.C is closed with a direction to Crl.M.C No.7063 of 2014 2 the court below that application for bail, if filed by the petitioner on surrender in C.P No.200/2014, 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 time to surrender before the learned Magistrate. In the meantime, execution of the warrant of arrest will stand suspended.
P.UBAID JUDGE ab