The petitioner herein is the sole accused in C.P. No55 of 2000 of the Judicial First Class Magistrate Court-I, Perumbavoor. When he absconded from legal process, the learned Magistrate initiated coercive steps, as prescribed under the law. Now, the case stands transferred to the Register of Long Pending Cases as L.P. 7 of 2004. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest being periodically issued from the court below, he seeks a direction from this Court under Section 482 of the Code of Criminal Procedure to the learned Magistrate not to remand him, and to enlarge him on bail. The two prayers sought by him cannot be granted by this Court under Section 482 of the Code of Criminal Procedure. The learned Magistrate has issued warrant of arrest for proper reasons. The petitioner has been absconding for years, and now he wants to surrender. Of course, he will have to surrender before the learned Crl.M.C No.6597 of 2014
2 Magistrate and make application for regular bail. This Court cannot usurp into the jurisdiction of the learned Magistrate and direct the Magistrate to release him on bail, or not to remand him in judicial custody. The learned Magistrate will decide appropriately, whether he will have to be remanded, or can be granted bail. However, a direction can be made to the court below to consider and dispose of the application for bail on the date of surrender itself.
In the result, this Crl.M.C is closed with direction to the court below that, in case application for bail is made by the petitioner on surrender in C.P. No.55 of 2000 (L.P. No.7 of 2004), the same shall be judiciously considered and decided on the date of surrender itself, however, with notice to the learned Assistant Public Prosecutor.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge