ADARSH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in C.C.No. 434/2011 on the file of Judicial First Class Magistrate Court, Kothamangalam, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure.

(2.) THE case of the petitioner in the petition was that he is the accused in C.C.No. 434/2011 originated on the basis of a private complaint filed by the complainant before the magistrate court which was forwarded to the police by the learned Magistrate under Section 156(3) of the Code of Criminal Procedure for investigation and crime was registered as Crime No. 80/2011 of Kothamangalam Police Station alleging offence under Section 420 of Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C.No. 434/2011 on the file of Judicial First Class Magistrate Court, Kothamangalam. The petitioner earlier appeared and released on bail. Later, he did not appear and so his bail was cancelled and non bailable warrant is issued. Now, 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.