Petitioner herein has been facing prosecution under Section 138 of the Negotiable Instruments Act in S.T. No. 138/2010 before the judicial First Class Magistrate Court, Thodupuzha. Trial is now at the second round on remand made by the appellate court. On the apprehension of arrest in execution of the warrant of arrest issued from the court, the petitioner brought this petition under Section 482 Cr.P.C. for a direction to the learned magistrate to consider his application for bail on surrender. He wants to surrender, but he apprehends that he will be remanded to judicial custody by the learned Magistrate. I do not think that the learned Magistrate will mechanically remand the petitioner to judicial custody when the offence is bailable. Of course, the learned Magistrate may think of imposing certain conditions in the special circumstances where the petitioner remained consistently absent without excuse. That apart, there Crl.M.C.. No. 5628/2014 2 is no reason for such apprehension that he will be remanded to judicial custody. However, a direction can be made to the learned Magistrate. 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, the same shall be judiciously considered and decided on the date of surrender itself.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE