SUBAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in C.C.No.1135/2012 on the file of Judicial First Class Magistrate Court, No -I, Palakkad, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the accused in C.C.No.1135/2012 on the file of Judicial First Class Magistrate Court, No -I, Palakkad alleging offence under Section 304A of Indian Penal Code. It is submitted that since the petitioner was away from home in connection with employment, he has not received summons in the above case and consequence to the non appearance of the petitioner, the learned magistrate has issued non bailable warrant against the petitioner. Now, the petitioner is prepared to surrender before the court below and to face trial. 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.