-------- This is an application filed by the accused in CC.No.841 of 2012 on the file of the Judicial First Class Magistrate Court, Karunagapally seeking direction to the Magistrate under Section 482 of the Criminal Procedure Code.
2. It is alleged in the petition the petitioner is the fourth accused in crime No.1090 of 2011 of Ochira police station of Kollam District which was suo moto registered by the police alleging offences under Sections 353, 427, 341 of Indian Penal Code and Section 118 (a) of Kerala Police Act. After investigation, final report was filed and it was taken on file as CC.No.841 of 2012 and pending before the Judicial First Class Magistrate Court, Karunagapally. Since the petitioner did not appear, non bailable warrant has been issued against him and it is pending. Though he is prepared to surrender, he apprehends that if he surrenders, his bail application will not be considered and he will be remanded to custody. So he has no other remedy except to approach this Court seeking the following relief:-
To allow this Criminal Miscellaneous Case and direct the Learned Magistrate to release the petitioner on bail in the event of his surrender on the same day of such surrender in CC.No.841 of 2012 in Crime No.1090 of 2011 of Ochira Police Station, Kollam pending before the Judicial First Class Magistrate Court-II, Karunagapally so as to secure the ends of justice.
3. Considering the nature of relief claimed in the petition this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor.
4. Counsel for the petitioner submitted that the apprehension of the petitioner is that even if he surrenders his bail application will not be considered and he will be remanded to custody. Unless a direction is given by this Court, the learned Magistrate will not consider the bail application on the date of filing of the application itself.
5. The application was opposed by the Public Prosecutor on the ground he is an absconding accused.
6. It is an admitted fact that the petitioner was arrayed as the fourth accused in Crime No.1090 of 2014 of Ochira police station and after investigation final report was filed and it is pending before the Judicial First Class Magistrate Court, Karunagapally as CC.No.841 of 2012. It is also an admitted fact that since the petitioner did not appear, non bailable warrant has been issued against him and that is pending. The apprehension of the petitioner that if he surrenders before the Court below, he will be remanded without considering his bail application on the date of filing itself is without any basis and not genuine as well. This Court has time and again in matters of this nature expressly observed that the presiding officers of the Criminal court are duty bound to consider and dispose of the bail application if any filed by the accused on his surrender as far as possible on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. In view of the same, in fact there is no necessity to issue any direction to the Magistrate 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 Class Court, Karunagapally and moves for recalling the warrant and release him on bail in CC.No.841 of 2012 pending before that Court, then the learned Magistrate is directed to consider and dispose of the applications after hearing the Assistant Public Prosecutor of that Court as far as possible on the date of filing itself in accordance with law.
Office is directed to communicate this order to the concerned Court immediately.
With the above directions and observation the petition is disposed of. Office is directed to communicate this order to the concerned Court immediately Sd/-
K.RAMAKRISHNAN, JUDGE R.AV