This Criminal Miscellaneous Case is filed by the petitioner, who is the accused in LP.No9/2014 pending before the Judicial First Class Magistrate Court, II, Ernakulam for issuing a direction to the Magistrate under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner was earlier arrayed as an accused in Crime No.2772/2006 of City Traffic Police Station, Ernakulam alleging offence under Sections 279 and 304(A) of the Indian Penal Code. After investigation, final report was filed. Since he did not appear, the case was transferred to register of long pending cases as L.P.No.9/2014 by the learned Judicial First Class Magistrate Court-II, Ernakulam and non bailable warrant has been issued and it is pending against him. Though he is prepared to surrender, he apprehends that his bail application will not be considered on the date of surrender and he will be remanded to custody. So he has no other remedy except to approach this Court seeking the following relief:
In the above stated circumstances, it is humbly prayed that this Honourable Court may be pleased to direct the Honourable Judicial First Class Magistrate Court- II, Ernakulam to consider the bail application to be filed by the petitioner and to enlarge the petitioner on bail on the date of his surrender itself and the petitioner may not be arrested till the execution of the bail bond in L.P.No.9/2014 on the file of Honourable Judicial First Class Magistrate Court-II, Ernakaulam in Crime No.2772/2006 of City Traffic West Police Station so as to secure the ends of justice.
3. The counsel for the petitioner submitted that apprehension of the petitioner is that if he surrenders and moves for bail, the learned Magistrate will remand him without considering the bail application on the same date as non bailable warrant has been issued against him. Unless a direction is given by this Court, the application will not be disposed of by the learned Magistrate on the same date of filing of the application itself.
4. The application was opposed by the learned Public Prosecutor on the ground that the petitioner is an absconding accused.
5. It is an admitted fact that the petitioner was arrayed as accused in Crime No.2772/2006 of City Traffic Police Station, Ernakukam and after investigation, final report was filed. Since he did not appear, the case against him was transferred to register of long pending cases and it is now pending as L.P.No.9/2014 before the Judicial First Class Magistrate Court-II, Ernakulam. Now non bailable warrant is pending against him. The apprehension of the petitioner that if he surrenders before the court and moves for bail, his bail application will not be considered and he will be remanded to custody is without any basis and not genuine. This Court has, time and again in several matters of this nature observed that the Presiding Officers of the criminal courts are duty bound to consider and dispose of the bail application filed by the accused on their surrender on the date of filing the application itself as far as possible unless compelling circumstances warrant postponement of the same to a future date. So, there is no necessity to issue any direction as such as claimed in the petition. However considering the apprehension raised in the petition, this Court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Magistrate Court-II, Ernakulam and moves for recalling the warrant and for releasing him on bail in L.P.No.9/2014 (Crime No.2772/2006 of City Traffic police station) now pending before that court, then the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.
With the above directions and observations, this petition is disposed of.
Communicate this order to the court below at the earliest.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge