VINODKUMAR V.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is filed by the petitioner, who is the second accused in Crime No. 991/2014 of Neyyattinkara police station, Thiruvananthapuram for issuing a direction to the Magistrate to consider and dispose of his bail application under Section 482 of Code of Criminal Procedure (hereinafter called the 'Code').

(2.) IT is alleged in the petition that, the petitioner has been arrayed as second accused in Crime No. 991/2014 of Neyyattinkara police station, Thiruvananthapuram alleging offences under Sections 379 and 34 of Indian Penal Code. The case is only in the crime stage. Now, he is prepared to surrender, but he apprehends that, 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.) THE counsel for the petitioner submitted that, his apprehension is that, if he surrenders before the court below, he is likely to be remanded without considering his bail application. Unless a direction is given from this court, normally the bail application will not be considered on the same date.