This criminal miscellaneous case is filed by the petitioner who is the first accused in C.C.No.86/2014 on the file of the Judicial First Class Magistrate, Court-I, Mavelikkara, to issue direction to the magistrate to grant bail on the date of surrender under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code'). 2. It is alleged in the petition that, the petitioner is arrayed as first accused in Crime No.194/2013 of Kurathikadu police station, which was originated on the basis of the statement given by the defacto-complainant against the petitioner and others, alleging commission of the offence under Section 294(b), 341, 323, 427 read with Section 34 of the Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C.86/2014 and that is pending before the Judicial First Class Magistrate Court-I, Mavelikkara. During crime stage, the petitioner was granted bail. Subsequently he went abroad in connection with his employment and thereafter though summons was issued to the petitioner, since he was working abroad, he could not appear and so non-bailable warrant has been issued against him. Now the petitioner came from Gulf and wanted to surrender, but he apprehends that in view of the pendency of non-bailable warrant, he will be remanded and his bail application will not be considered on the date of filing of the application itself. So the petitioner has no other remedy, except to approach this court, seeking the following relief:
i. To direct, the Judicial First Class Magistrate-I, Mavelikkara to consider the petition to recall the warrant and the bail application in crime no.194/13 of the Kurathikadu police station which is now pending as C.C. no.86/2014 before the JFMC-I, Mavelikkara on the date of surrender itself.
ii. Pass such other orders that may deem fit and proper by this Hon'ble court”.
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 learned counsel for the petitioner and the learned Public Prosecutor.
4. The counsel for the petitioner also submitted that, the apprehension of the petitioner, if he surrenders, he will be remanded to custody without considering his bail application, as that is the usual practice, as non-bailable warrant is pending against him and unless a direction is given from this court, the bail application of the petitioner will not be considered by the court on the same day.
5. The application was opposed by the Learned Public Prosecutor on the ground that, he is an absconding accused.
6. It is an admitted fact that the petitioner was arrayed as first accused in Crime No.194/2013 of Kurathikadu police station along with other accused persons and since the offences alleged were of bailable offences, he was released on bail at the crime stage from the police station itself. Thereafter, investigation was completed and final report was filed before the Judicial First Class magistrate Court-I, Mavelikkara, where it was taken on file as C.C.86/2014. It is in away admitted in the petition itself, though summons was served on the relatives of the petitioner in the case, since he was working abroad, he could not appear and so non-bailable warrant has been issued against him and it is pending. The apprehension of the petitioner that, if he surrenders before the court below, he will be remanded to custody without considering his bail application 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 applications filed by accused on the date of filing of the application itself unless compelling circumstances warrant, postponement of the same to the future date. So there is no necessity to issue any direction as such as claimed in the petition. Further, no direction can be granted by this court to grant bail also to the court below, as that will amount to usurping the power of court in exercising the discretions in such matters. However, considering the apprehension raised by the petitioner in the petition, this court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Judicial First Class Magistrate Court-I, Mavelikkara, and moves for re-calling the warrant and release him on bail in C.C.86/2014 pending before that court, then the learned magistrate is directed to consider and dispose of those applications, 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 direction and observation, this criminal miscellaneous case is disposed of. Office is directed to communicate this order to the court below at the earliest.
Sd/-
K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss