AKASH SATHYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the second accused in CP. No. 10 of 2013 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam to issue directions to the Magistrate under Section 482 of the Criminal Procedure Code.

(2.) IT is alleged in the petition that the petitioner is arrived as second accused in Crime No. 1005 of 2012 of Udayanperur police station which was registered on the basis of the statement given by the de facto complainant alleging offences under Section 143, 147, 148, 447, 427, 294(b) 323 and 308 r/w Section 149 of Indian Penal Code. After investigation final report was filed and it is now pending before the Additional Chief Judicial Magistrate Court, Ernakulam as CP. No. 10/2013. Since he was in gulf country he could not appear and take bail during investigation stage or later. Now it appears that non bailable warrant has been issued against him and in view of the pendency of the non bailable warrant, even if he surrenders he will be remanded to custody without considering his bail application and unless a direction is given from this Court, the learned Magistrate will not consider the bail application as well. So the petitioner has no other remedy except to approach this Court seeking the following relief: - to direct the Additional Chief Judicial Magistrate Court, Ernakulam to consider the bail application filed by the above name petitioner on the date of surrender and he further pleased to direct the Magistrate to enlarge him on bail.

(3.) THE counsel for the petitioner submitted even though he is prepared to surrender, he apprehends that his bail application will not be considered and he will be remanded to custody. Unless a direction is given from this Court, it is the usual practice of the Criminal Courts that in cases where non bailable warrants were issued, the accused, on surrender, will be remanded and the bail application will be considered only later.