The petitioner in all these proceedings is the same. She is the 2nd accused in three cases. The 1st accused is her husband. She happened to be prosecuted along with her husband, as a co-accused, under Sections 406 and 420 of the Indian Penal Code.
2. On the apprehension of arrest, in execution of the warrant of arrest issued from the trial court, she seeks direction under Section 482 of the Code of Criminal Procedure from this Court to the learned Magistrate, to re-call the warrant and to release her on bail, on surrender. Of the three cases against her, one stands transferred to the register of long pending cases as L.P No.167/2011 before the Judicial First Class Magistrate Court, Chavakkad. The other cases where warrant is pending, are C.C No.2104/2013 and C.C.No.2559/2013.
3. The prayer as sought by the petitioner cannot be granted under Section 482 of the Code of Criminal Procedure. She will have to surrender before the learned Magistrate and apply for regular bail. No doubt, her grievance will definitely be Crl.M.C Nos.6247, 6248 & 6250 of 2014 2 considered by the learned Magistrate that she had not received summons in these proceedings. I do not think that the learned Magistrate will mechanically remand her to judicial custody when the offences are not very serious in nature. It appears that she has a genuine grievance that she had not received summons in the proceedings. If so, or if she has explanation for her absence, the learned Magistrate will have to consider her grievance, and in such a case, the question of releasing her on bail, on conditions can be thought of. However, it is for the learned Magistrate to decide whether bail can be granted or not.
In the result, these Criminal Miscellaneous Case are closed with direction to the court below that in case application for bail is filed by the petitioner herein on surrender, the same shall be judiciously considered and decided on the date of surrender itself. The petitioner is granted time for seven days to surrender before the trial court and to make application for bail. Accordingly execution of the warrant will stand suspended for seven days.
P.UBAID JUDGE ab