This is an application filed by the petitioner who is the accused in S.T.No.98/12 on the file of the Judicial First Class Magistrate Court, No-II, (Forest Offences) Manjeri to issue direction to the magistrate to recall the warrant and grant bail to the petitioner under Section 482 of the Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is the accused in S.T.No.98/12 pending before Judicial First Class Magistrate Court, No-II, (Forest Offences) Manjeri which was taken on file on the basis of a private complaint filed by the second respondent alleging offence under Section 138 of the Negotiable Instruments Act. When she received the notice in the address wherein she was residing at that time, thereafter, she shifted her residence to the present address in December, 2012. Now, it is understood that the summons sent from court has been returned with endorsement 'addressee left' and thereafter, non-bailable warrant was issued against her. So, Crl.M.C.No.2992 of 2014 : 2 :
the learned magistrate was not justified in issuing warrant without serving summons on the petitioner. So, the petitioner has no other remedy except to approach this court seeking the following relief:
“To direct the Judicial First Class Magistrate Court-II, (Forest Offences), Manjeri, to recall the non-bailable warrant issued against the petitioner in S.T.No.98/12, and to direct the court below to issue fresh steps in correct address to the petitioner or in the alternative grant bail to the petitioner, on the same day itself, in the interest of justice.”
3. Heard the Counsel for the petitioner and the learned Public Prosecutor.
4. After arguing for some time, the Counsel for the petitioner submitted that he will be satisfied if a direction is given to the magistrate to consider and dispose of the bail application on the date filing of the application itself.
5. The apprehension of the petitioner that if she surrenders before the court below, she will be remanded without considering the bail application is without any basis. This Court has time and again in several cases of this nature expressly observed that the Presiding Officers of the criminal courts are duty bound to consider and dispose of the bail applications filed by the accused persons on their Crl.M.C.No.2992 of 2014 : 3 :
surrender on the date of filing of the application itself as far possible unless compelling circumstances warrant to postpone the same to a future date. So, in fact, no direction as such as claimed by the petitioner at the time of hearing need be issued. However, considering the apprehension raised by the petitioner's Counsel at the time of hearing, this court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Class Magistrate Court No-II, (Forest Offences) Manjeri in S.T.No.98/2012 pending before that court and move for recalling the warrant and release her on bail, then, the learned Magistrate is directed to consider and dispose of those applications after hearing the Counsel for the complainant also as far as possible on the date of filing of the application itself in accordance with law.
Office is directed to communicate this order to the concerned court immediately.
With the above direction and observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge