The petitioner herein is the accused in S.T 69/2013 of the Judicial First Class Magistrate Court – II, Ettumanoor. The offence involved is punishable under Section 138 of the Negotiable Instruments Act. At the initial stage she entered appearance and obtained bail. Later, she remained consistently absent during the proceedings. In such a circumstance, the learned Magistrate issued warrant of arrest against her. On the apprehension of arrest and remand to judicial custody in execution of the warrant of arrest, the petitioner seeks orders from this court under Section 482 Cr.P.C, directing the court below to recall the warrant of arrest, and to release her on bail on surrender. Of course, the relief as sought by the petitioner cannot be granted by this court under Section 482 Cr.P.C. The learned Magistrate has issued warrant of arrest for proper reasons, when the petitioner remained consistently absent during the trial process. The petitioner will have to surrender before the learned Magistrate, and make application for bail afresh. I do not think that the learned Magistrate will mechanically remand her to Crl. M.C No. 6509 of 2014 2 custody, when the offence is in fact bailable. Of course, in the particular circumstances, the learned Magistrate may impose some reasonable condition. This court cannot usurp into the jurisdiction of the learned Magistrate, and recall the warrant of arrest, or release her on bail. However, a direction can be made to consider the application and dispose it of without delay, or on the date of surrender itself. In the result, this Crl.M.C is closed with direction to the court below that in case the petitioner makes application for bail on surrender, in S.T 69/2013, the same shall be judiciously considered and decided on the date of surrender itself. Execution of the warrant of arrest will stand suspended for 7 days.
P.UBAID, JUDGE sab