This criminal miscellaneous case is filed by 19th accused in L.P.No. 27/2007 of Judicial First Class Magistrate Court, Kunnamngalam, to issue direction to the magistrate under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code'). 2. It is alleged in the petition that, the petitioner was arrayed as 19th accused in Crime No.249/2003 of Kunnamangalam Police Station, alleging offences under Section 143, 147, 148, 324, 307 read with Section 149 of the Indian Penal Code and Section 3 of Arms Act. After investigation, final report was filed and case against some of the accused persons were committed to the Court of Sessions and after trial they were acquitted. Since the petitioner was abroad and he could not appear case against him was split up and after complying with the formalities, it was transferred to the register of long pending cases and pending as L.P.No.27/2007 on the file of Judicial First Class Magistrate Court, Kunnamangalam. The petitioner is prepared to surrender, but in view of the pendency of non-bailable warrant, the learned magistrate will not consider the bail application as on the date of filing of the application itself and he will be remanded to judicial custody. So the petitioner has no other remedy, except to approach this court, seeking the following relief:
“For these and other reasons to be urged a t the time of hearing it is humbly prayed that this Hon'ble Court may be pleased to set aside the proceedings of the leaned Judicial First Class Magistrate Court, Kunnamangalam in L.P.No.27/2007; which resulted in cancelling the bail of the petitioner and issuing of non- bailable warrant and issuance of notices to the sureties for the purpose of forfeiting the bond”.
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 petitioner and the learned Public Prosecutor.
4. When the application came up for hearing at the admission stage, the counsel for the petitioner limited his prayer for a direction to the magistrate to consider and dispose of his bail application on the date of filing of the application itself.
5. The application was opposed by the learned Public Prosecutor on the ground that, he was an absconding accused.
6. It is an admitted fact that, the petitioner was arrayed as 19th accused in that case and since he did not appear after complying with the formalities, case against him was split up and transferred to the register of long pending cases and now pending as L.P.27/2007 before the Judicial First Class Magistrate Court, Kunnamangalam. Since the counsel for the petitioner has stated that, he is not pressing for an order on the relief of setting aside the proceedings of the magistrate, cancelling the bail, issuing non-bailable warrant and initiating proceedings against the sureties, I am not going to those questions now.
7. The apprehension of the petitioner as expressed by the counsel for the petitioner at the time of hearing was that, if he surrenders before the court below on account of the pendency of the non-bailable warrant, his bail application will not be considered on the date of filing of the application itself and he will be remanded to custody. But that apprehension appears to be not genuine and without any basis, as this court has in several petitions of this nature, time and again expressly 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 on their surrender, as far as possible, on the date of filing of the application itself, unless compelling circumstance warrants postponement of the same to a future date. So under the circumstances, there is no necessity to issue any direction as such claimed by the petitioner at the time of hearing. However, considering the apprehension raised by the petitioner, this court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Class Magistrate Court, Kunnamangalam, and moves for recalling the warrant and release him on bail in L.P.No.27/2007 (Crime No.249/2003 of Kunnamangalam police station) pending before that court, then the learned magistrate is directed to consider and dispose of those applications, after hearing the Assistant Public Prosecutor of that court, as far as possible, on the date of filing of the application itself in accordance with law.
With the above observation and direction, this criminal miscellaneous case is disposed of. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss