MANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the fifth accused in C.P.No.9 of 2011 on the files of the Judicial First Class Magistrate Court -II, Thiruvananthapuram to issue directions to the concerned Magistrate to consider his bail application under Section 482 of the Criminal Procedure Code.

(2.) IT is alleged in the petition that the petitioner was arrayed as fifth accused in Crime No. 523 of 2010 of Thumba police station of Thiruvananthapuram District along with others which was registered on the basis of the statement given by the defacto complainant alleging offences under Sections 143, 147, 148, 149, 341, 323, 324 and 308 of Indian Penal Code and after investigation final report was filed and it was taken on file as CP.No.9 of 2011 on the files of the Judicial First Class Magistrate Court, -II, Thiruvananthapuram. Since the petitioner was in abroad in connection with his employment, he could not appear. So non bailable warrant has been issued against him. Though he is prepared to surrender he apprehends that in view of the pendency of the non bailable warrant, his bail application will not be considered and he will be remanded to custody. So the petitioner has no other remedy except to approach this Court seeking the following relief: -

(3.) COUNSEL for the petitioner submitted that since non bailable warrant is pending against him, normally the learned Magistrate will not consider the bail application on the date of filing of the application itself and he will be remanded to custody. Unless a direction is given from this court, the Magistrate will not consider the application on the date of filing of the application itself.