Petitioner herein is the 2nd accused in S.C.No.47/2013 of the II Additional Assistant Sessions Court, Thrissur. The case now stands transferred to the register of long pending cases in the Court of Session as L.P. No. 60/2013. On the apprehension of arrest and remand to judicial custody in execution of warrant of arrest issued from the trial court, the petitioner seeks orders under Section 482 Cr.P.C. directing the trial court to consider his application for bail without delay. Of course, the apprehension of the petitioner cannot be ignored. The petitioner will have to explain satisfactorily why he remained absent throughout. Any way, he wants to surrender, but he apprehends that he will be mechanically remanded to judicial custody. In this proceeding, this Court cannot direct the trial court to release him on bail. The question of bail will have to be considered by the trial court. However a direction can be made to dispose of the bail Crl.M.C.. No. 6100/2014 2 application on the date of surrender itself. In the result, the Crl.M.C. is closed with a direction to the court below that application for bail, if filed, by the petitioner on surrender in S.C.No.47/2013(L.P.No.60/2013) of the II Additional Assistant Sessions Court, Thrissur, shall be judiciously considered and decided on the date of surrender itself, however with notice to the learned Public Prosecutor. Petitioner is given time for a period of seven days to make surrender, and till then warrant of arrest will have to be kept in abeyance.
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P. UBAID, JUDGE sd