-------- This is an application filed by the petitioner who is shown as accused in CC.No.370 of 2013 on the files of the Judicial First Class magistrate Court-II, Haripad to issue direction to the Magistrate to consdier and dispose of her bail application under section 482 of the Code of Criminal Application.
2. It is alleged in the petition that the petitioner has been arrayed as accused in CC.No.370 of 2013 on the files of the Judicial First Class magistrate Court-II, Haripad originated on the basis of the private complaint filed by the complainant alleging offence under Section 138 of the Negotiable Instruments Act. The petitioner earlier appeared and prayed time for applying for bail. The learned Magistrate had granted time to the petitioner for applying for bail but she could not appear before the court below and take bail as her husband had to undergo an emergent major surgery during that period and he was under complete best rest for quite long period. Thereafter as a result, the court below ordered non bailable warrant against the petitioner on 28.4.2014. Now non bailable warrant is pending against her. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against her, she apprehends that she is likely to be remanded and her 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:
to direct the learned Magistrate of the Judicial First Class Magistrate Court-II, Harippad to consider and pass orders on the petitioner's bail application on the date of her surrender and to release the petitioner on bail on executing the bond to the satisfaction of the learned Magistrate.
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 dispensing with notice to the 1st respondent.
4. The counsel for the petitioner submitted that her apprehension is that if she surrenders before the court below, her bail application will not be considered and she will be remanded to custody.
5. The petition was opposed by the Public Prosecutor on the ground that the petitioner was absconding.
6. It is an admitted fact that the petitioner has been arrayed as accused in CC.No.370 of 2013 on the files of the Judicial First Class magistrate Court-II, Haripad. Since she did not appear, non bailable warrant has been issued against her and the same is pending. The apprehension of the petitioner that, if she surrenders before the court below and moves for bail, she will be remanded and her application for bail will not be considered on the date of filing itself is not genuine and without any basis, as this Court has time and again in similar petition observed that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension expressed 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-II, Haripad and moves for recalling the warrant and for releasing her on bail in CC.No.370 of 2013 now pending before that court, then the learned Magistrate is directed to consider and dispose of the bail application 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 directions and observations, this petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
sd/-
K. RAMAKRISHNAN, JUDGE R.AV