On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued from the court of the learned Judicial First Class Magistrate II, Neyyattinkara in C.C No.500/2007, the petitioner seeks orders from this Court under Section 482 of the Code of Criminal Procedure, directing the court below to consider his application for bail on the date of surrender itself. It is submitted that the accused was granted bail at the initial stage, but later he remained absent in court. Of course the learned Magistrate, who issued warrant of arrest for proper and legal reasons will have to consider his application for bail afresh. If the petitioner has explanation for his absence it will definitely be considered by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand him to judicial custody when the offences are bailable.
In the result, this Crl.M.C is closed with direction to the court below that in case application for bail is filed by the Crl.M.C No.7128 of 2014 2 petitioner on surrender in C.C No.500/2007, the same shall be judiciously considered, and appropriate decision shall be taken on the date of surrender itself, however with notice to the other side.
P.UBAID JUDGE ab