GANESHA Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the 3rd accused in Crime No.34/2013 of Vidya Nagar Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) THE case of the petitioner in the petition is that he is the 3rd accused in Crime No.34/2013 of Vidya Nagar Police Station for the alleged commission of the offence punishable under Sections 143, 147, 148, 447, 341, 324, 308 read with Section 149 of Indian Penal Code. After filing final report, it was taken on file as C.P.No.44/2014 on the file of the Judicial First Class Magistrate Court, No -I, Kasargode. The learned magistrate has issued Non Bailable Warrant against the petitioner because in the final report, it is mentioned that the petitioner is absconding. Now, the petitioner submits that he is ready to participate with the trial of the case. He is also ready to appear before the learned magistrate. 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.