AJITH Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused Nos.1 to 3 in Crime No.151/2014 of Pathanamthitta Police station, now pending before the Chief Judicial Magistrate Court, Pathanamthitta, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are accused Nos.1 to 3 in Crime No.151/2014 of Pathanamthitta Police station, now pending before the Chief Judicial Magistrate Court, Pathanamthitta, alleging offences under Sections 420, 465, 468 and 471 read with Section 34 of Indian Penal Code. It is submitted that the petitioners are innocent of the allegations leveled against them. Consequent to the non appearance of the petitioners before the court below, the learned magistrate has issued non -bailable warrant against the petitioners. Now, the same is pending against them. The petitioners are ready and willing to surrender before the court below for facing trial. Though the petitioners are prepared to surrender, in view of the pendency of non bailable warrant against them, they apprehends that, they are likely to be remanded and their bail applications will not be considered on the date of filing of the application itself. So, the petitioners have no other remedy except to approach this Court seeking the following relief:

(3.) LEARNED counsel for the petitioners submitted that his only apprehension is that they surrender, their bail application will not be considered on the same day and they will be remanded to custody.