The petitioner herein is the sole accused in C.C. No.1055/2010 of the Judicial First Class Magistrate Court-I, Hosdurg. The offence involved in the crime is under section 326 IPC. On the apprehension of arrest and remand to judicial custody, in execution of a warrant of arrest issued by the trial court, the petitioner seeks orders from this Court under section 482 Cr.P.C. to the Court below to re-call the warrant of arrest against him and to consider his application for bail without delay.
2. Of course, a direction to re-call the warrant cannot be made by this Court under section 482 Cr.P.C. The learned Magistrate, who has issued warrant of arrest for proper reasons, will have to consider the request and the learned Magistrate will have to take a decision in the matter Crl.M.C. No. 6856/2014 -2-
of bail. If the petitioner has any satisfactory explanation for his consistent absence throughout, he can convince the learned Magistrate and make request for bail on conditions. However, a direction can be made to consider the application on the date of surrender itself.
In the result, this petition is closed, with a direction to the Court below that in case application for bail is filed by the petitioner on surrender in C.C. No. 1055/2010, the same shall be judiciously considered and appropriate decision regarding bail shall be taken on the date of surrender itself, however with notice to the learned Assistant Public Prosecutor. The petitioner is granted time for ten days to surrender and make application for bail. During these days, execution of warrant of arrest shall stand suspended.
Sd/- P.UBAID, JUDGE jjj