The petitioner in Crl.M.C No.5801 of 2014 is the sole accused in C.C No.385 of 2013 of the Judicial First Class Magistrate Court, Kothamangalam. She and her husband Sasi are the two accused in C.C No.980 of 2013 of the same court. In both the cases, the learned Magistrate has issued warrant along with steps under Sections 82 and 83 of the Code of Criminal Procedure. In such a situation, the petitioners seek orders directing the learned Magistrate to release them on bail on the date of surrender itself. The relief as sought by the petitioners cannot be granted under Section 482 of the Code of Criminal Procedure. The learned Magistrate issued non-bailable warrant and other process for proper reasons, when the petitioners remained consistently absent. Whether they can be granted bail afresh, or whether bail can be granted on conditions, are all matters to be decided by the learned Magistrate. No doubt, their request would be considered, if they could Crl.M.C Nos.5796 & 5801 of 2014 2 satisfactorily explain their absence throughout. This Court cannot usurp into the jurisdiction of the trial court and order to release them on bail under Section 482 of the Code of Criminal Procedure. The petitioners will have to surrender before the learned Magistrate and make application for regular bail. However, a direction can be made to the trial court to consider and dispose of the application for bail, if filed, on the date of surrender itself. In the result, these petitions are closed with direction to the learned Magistrate, that in case application is filed by the petitioners for bail on surrender in C.C No.385 of 2013 and C.C No.980 of 2013, 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