The petitioner herein is the 4th accused in C.C.No.1588/2012 of the Judicial First Class Magistrate Court, Kodungallur. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the trial court, he seeks orders under Section 482 Cr.P.C., directing the court below to consider his application for bail on the date of surrender itself, and to release him on bail. Of course, this Court cannot direct the court below to release the petitioner on bail, under Section 482 Cr.P.C. The learned Magistrate who has issued warrant of arrest for proper reason, will have to take appropriate decision as regards bail. If the petitioner has any explanation for his consistent absence, he will have to present it before the learned Magistrate, and it will definitely be considered by the learned Magistrate. The main offences are in fact bailable. I do not think that this is really a case of house trespass with preparation to cause hurt. If it is Crl.M.C. Nos. 6678 of 2014 2 only a case of house trespass with intention to cause hurt, it will come only under Section 451 IPC, which is bailable. I do not think that learned Magistrate will mechanically remand the petitioner to judicial custody. He can very well surrender before the learned Magistrate, and make application for bail. In the result, this Crl.M.C. is closed, with direction to the court below that in case application for bail is made by the petitioner on surrender in C.C. No. 1588/2012, the same shall be judiciously considered on the date of surrender itself, with notice to the other side, and appropriate orders shall be passed, as indicated above.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE