~~~~~ The petitioners herein are the four accused in C.C.No.597/2014 of Judicial First Class Magistrate Court, Koyilandy. When they remained consistently absent, the learned Magistrate initiated coercive steps against them, including steps under Sections 82 and 83 Cr.P.C. On the apprehension of arrest and remand to judicial custody, the petitioners now seek orders under Section 482 Cr.P.C. directing the court below to recall the warrant of arrest issued against them and to enlarge them on bail. 2. Of course, the prayer as sought by the petitioners cannot be granted by this Court. The learned Magistrate has issued warrant and other process for proper reasons. Whether the petitioners can be granted bail, will be considered by the learned Magistrate having jurisdiction. At this stage, this Court cannot usurp into the jurisdiction of the learned Magistrate and direct the court to grant bail or recall the warrant. The petitioners will have to surrender before the learned Magistrate Crl.M.C.No.6463/2014 2 and make application for regular bail. I do not think that the learned Magistrate will mechanically remand the petitioners, if they could satisfactorily explain their absence though out. If there is satisfactory explanation, the question of releasing them on bail, on appropriate conditions can be considered. However, a direction can be made to the learned Magistrate to consider and dispose of the application for bail, on the date of surrender itself.
In the result, the Crl.M.C. is closed, with direction to the court below, that if the petitioners apply for bail on surrender in C.C.597/2014, the same shall be considered and disposed of on the date of surrender itself, with notice to the Assistant Public Prosecutor.
Sd/- P.UBAID, JUDGE.
ps/18/11/2014