JEROME Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are two among the accused (A1 & A2) in Crime No. 245 of 2012 of Mannancherry Police Station, registered for offences punishable under Sections 294(b), 324 and 308 read with Section 34 of the Indian Penal Code. Application for anticipatory bail moved before this court earlier had been turned down by Annexure A2 order. Limited prayer canvassed by the counsel for petitioners is for issue of direction to the learned magistrate to consider their bail application on the date of their surrender. If for any reason the application could not be taken up on such day it is the further plea of the counsel for consideration of their bail application for interim bail on that day itself. Learned counsel relied on two decisions rendered by the Apex court in Sukhwant Singh and Others V. State of Punjab : (2009) 7 SCC 559 and Mukesh Kishanpuria V. State of West Bengal : 2010(5) SCR 702 to urge that consideration of interim bail even when the bail application is pending can be canvassed by an accused though there is no provision as such in the Code entitling him to make such a request. Having regard to the submissions made and taking note of the facts and circumstances and also the decisions referred to above, the following direction is issued. In case, the petitioners surrender before the magistrate within a period of two weeks from today and advance notice on their bail application has been given to the Assistant Public Prosecutor, learned magistrate shall consider such application, expeditiously, preferably, on the date of their surrender, if not prevented by any exceptional circumstance.

(2.) IN case, the bail application for any reason could not be taken up and considered any request made for interim bail application, if so moved, be also considered and disposed on the date itself on its merits. I make it clear that the direction given as above shall not be construed as placing any impediment to the magistrate in passing appropriate orders on the bail application or for interim bail on its merits in accordance with law. Crl. M.C. is disposed of.