The petitioner herein is the 4th accused in C.C. No. 609/2011 of the Judicial First Class Magistrate Court-II, Perinthalmanna. The offences involved are under Sections 143,147,323 and 324 read with 149 IPC. He was released on bail at the initial stage, but later, he could not appear in court. His case is that he went abroad for employment, and in such a situation, he could not make prompt appearance in court. If that explanation is true and genuine, it will have to be considered by the trial court. Now, there is warrant of arrest pending against him, and he apprehends that he will be remanded to judicial custody on surrender. He seeks orders under Section 482 Cr.P.C. directing the court below to release him on bail. Of course, prayer as sought by him cannot be granted. He will have to surrender before the learned Magistrate, and seek regular bail afresh. I do not think that the learned Magistrate will mechanically remand him to judicial custody when the offences Crl.M.C. No. 6637 of 2014 2 are bailable. However, he will have to explain satisfactorily why he remained absent throughout, and the question of granting bail on conditions can be considered by the learned Magistrate, if absence throughout is satisfactorily explained. Any way, there can be a direction to consider and dispose of the application for bail on the date of surrender itself, however, subject to the discretion of the learned Magistrate in the matter of bail. In the result, this Crl.M.C. is closed, with direction to the court below that in case application for bail is filed by the petitioner on surrender in C.C. No. 609/2011, the same shall be judiciously considered on the date of surrender itself, and appropriate orders as indicated above shall be passed.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE