BABURAJ K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner who is the accused in C.C.No.2996/2012 which is numbered as L.P.No.56/2014 on the file of the Judicial First Class Magistrate Court, Koothuparambu, to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) THE case of the petitioner in the petition is that he is the accused in L.P.No.56/2014 in C.C.No.2996/2012 pending before the Judicial First Class Magistrate Court, Koothuparambu alleging offences under Sections 406 & 420 of Indian Penal Code. During the course of the investigation, the petitioner was arrested and released on bail. Later, he did not appear as he did not receive any summons. Consequent to the non appearance of the petitioner before the court below, the learned magistrate has issued non -bailable warrant against the petitioner. The court below, after continuous issuance of warrant against the petitioner, has transferred the above said case to register of long pending cases and it is now pending as L.P.No.56/2014 before that court. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that he is likely to 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:

(3.) LEARNED counsel for the petitioner submitted that his only apprehension is that if he surrenders, his bail application will not be considered on the same day and he will be remanded to custody.