This Criminal Miscellaneous Case is filed by the petitioner, who is the 6th accused in C.C.No.1505/2009 on the file of the Judicial First Class Magistrate Court-II, Ernakulam to issue a direction to the Magistrate to grant bail on his surrender or consider his application on the same date itself under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner is arrayed as the 6th accused in C.C.No.1505/2009 on the file of the Judicial First Class Magistrate Court-II, Ernakulam which was originated on the basis of a case registered as Crime No. 1286/2008 of Central Police Station, Ernakulam alleging offences under Sections 147, 143, 188 and 282 read with Section 149 of the Indian Penal Code. According to him, he has been falsely implicated in the case. He did not receive summons and non bailable warrant is pending against him. Though he is prepared to surrender, on account of the pendency of non bailable warrant against him, he apprehends that he will be remanded and his bail application will not be considered by the court below. So he has no other remedy except to approach this Court seeking the following reliefs:
i. To direct the court below to grant bail to the petitioner and also direct to dispose the bail application of the petitioner on the same day itself on which is filed.
ii. To grant such other reliefs prayed for by the petitioner in the interest of justice.
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. The counsel for the petitioner submitted that apprehension of the petitioner is that if he surrenders and moves for bail, the learned Magistrate will remand him without considering the bail application as non bailable warrant is pending against him. Unless a direction is given, the Magistrate will not consider the bail application on the date of filing of the application itself.
5. The learned Public Prosecutor submitted that the petitioner is an absconding accused.
6. It is an admitted fact that petitioner is arrayed as the 6th accused in C.C.No.1505/2009 pending before the Judicial First Class Magistrate Court-II, Ernakulam. It is also an admitted fact that since he did not appear on the later occasion, his bail bond was cancelled and non bailable warrant was issued against him and it is pending. Apprehension of the petitioner that even if he surrenders and moves for bail, his bail application will not be considered and he will be remanded to custody is without any basis and not genuine. This Court has, time and again in several petitions of this nature, expressly observed that Presiding Officers of criminal courts are duty bound to consider and dispose of the bail applications on the date of filing of the application itself on their surrender as far as possible unless compelling circumstances warrant postponement of the same to a future date. So there is no necessity to issue any direction as such as claimed in the petition. However considering the apprehension raised in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Magistrate Court-II, Ernakulam and moves for recalling the warrant and for releasing him on bail in C.C.No.1505/2009 (Crime No.1286/2008 of Central police station) now pending before that court, then the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above directions and observations, this petition is disposed of.
Communicate this order to the court below at the earliest.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge