The petitioner herein is the 1st accused in C.C.No.1171/2013 of the Judicial First Class Magistrate Court II, Perinthalmanna. The offences involved are under Sections 143, 147, 447, 188 and 353 r/w Section 149 of the Indian Penal Code. The petitioner was released on bail at the initial stage, but later he remained consistently absent. In such a situation, the learned Magistrate issued warrant of arrest against him.
2. On the apprehension of arrest and remand to judicial custody, the petitioner seeks orders under Section 482 of the Code of Criminal Procedure, directing the court below to release him on bail, on surrender. Of course, the relief as 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 and legal reasons. The petitioner will have to surrender before the learned Magistrate and seek bail afresh. If the petitioner has satisfactory explanation for his consistent absence throughout, it will be considered by the Crl.M.C No.6606 of 2014 2 learned Magistrate, and if it is found satisfactory, the question of granting bail on conditions can be thought of. I do not think that the learned Magistrate will mechanically remand the petitioner to judicial custody without hearing him. However, a direction can be given to the learned Magistrate 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 a direction to the learned Magistrate, that application for bail, if filed by the petitioner on surrender, shall be judiciously considered and appropriate orders shall be passed on the date of surrender itself, however with notice to the other side.
P.UBAID JUDGE ab