GEORGIA GEORGE @ MONAYI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner who is the second accused in S.C.No.613/2003 which is now pending as L.P.No.05/2009 on the file of the Assistant Sessions Court, Thiruvalla, 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 second accused in L.P.No.05/2009 in S.C.No.613/2003 pending before the Assistant Sessions Court, Thiruvalla alleging offences under Sections 447, 294(b), 308 read with Section 34 of Indian Penal Code. Initially, the petitioner had been enlarged on bail by the Assistant Sessions Court, Thiruvalla in S.C.No.613/2003. Later, in search of employment, he went out of Kerala and could not participate in the proceedings. So, the case against the petitioner is split up and case against the first accused was proceeded with. Since he did not appear even though, the case against him was transferred to register of long pending case and it is now pending as LP.No.L.P.No.05/2009 before that court and non bailable warrant is pending against him. 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.