(1.) THIS is an application filed by the accused in C.C.No.430/09 on the file of the Judicial First Class Magistrate Court, Varkala issuing directions to dispose of the bail application on the date of surrender itself under Section 482 of Code of Criminal Procedure.
(2.) IT is alleged in the petition that the petitioners are accused in C.C.No.430/09 on the file of the Judicial First Class Magistrate Court, Varkala and they have been charge sheeted by the Varkala police alleging that they having committed the offence punishable under Sections 341, 323, 324 read with Section 34 of Indian Penal Code and since the petitioners did not surrender or appeared before the court below, they came to understand that the matter has been transferred to register of long pending cases and non bailable warrants have been issued against them. Since they have not received notice in the case, they could not appear before the court after the final report is filed. Since non bailable warrant is pending against them, though they are prepared to surrender and move for bail, they apprehend that their bail application will not be considered by the magistrate unless a direction is given by this court on the date of filling of the application itself and they will be remanded to custody. So, they have no other remedy except to approach this court seeking the following relief:
(3.) THE Counsel for the petitioners submitted that the petitioners are prepared to appear before the court below. But, their apprehension is that they will be remanded and the bail application will not be considered on the date of filing of the application itself.