Muhammed Shereef vs Sub Inspector of Police

K. Ramakrishnan, J.—This is an application filed by the petitioner who is the 4th accused in C.P.No.204/12 on the file of the Judicial First Class Magistrate Court No-I, Kasargod for issuing a direction to the concerned magistrate to consider and dispose of his bail application on the date of his surrender u/s 482 of Code of Criminal Procedure.

The allegation in the petition was that he is the 4th accused in C.P.No.204/12 on the file of the Judicial First Class Magistrate Court No-I, Kasargod and the petitioner was charge sheeted along with others alleging offences under Sections. 143, 147, 148, 341, 343, 324, 308 read with Section 149 of Indian Penal Code. After investigation, the investigating officer submitted final report and the court has taken cognizance of the case as C.P.No.204/12. Since he was working abroad, he could not take bail even during investigation stage and now non-bailable warrant is pending against him. The apprehension of the petitioner is that if he surrenders before the concerned court, he is likely to be remanded and his bail application will not be considered on the same day. So he wanted the interference of this court. So he filed the application under Section. 482 of Code of Criminal Procedure seeking the following relief:

For these and other grounds to be urged at the time of hearing it is humbly prayed that this Honourable court may kindly direct the Judicial First Class Magistrate Court-I, Kasargod to consider the bail application of the petitioner in C.P.No.204/12, Judicial First Class Magistrate Court-I, Kasargod to be filed on the date of surrender of the petitioner, in the light of the judgment of this Hon''ble Court in Sukumari Vs. State of Kerala, and Biju V. State of Kerala ( 2007(2) KLT 280).

Heard the Counsel for the petitioner and learned Public Prosecutor.

The only apprehension of the petitioner is that if he surrenders before concerned court, he is likely to be remanded and his bail application will not be considered. The apprehension appears to be without any basis as the court has got a duty to consider and dispose of the bail application on the date of filing of the application itself as far as possible after hearing the concerned Public Prosecutor as well. Further, no direction can be given to release the petitioner on bail by this court also as it is the discretion of the court to consider the circumstances and dispose of the application in accordance with the law. So, considering the circumstances, I feel the above petition can be disposed of by giving a direction to the concerned magistrate to consider and dispose of the bail application if any filed by the petitioner on his surrender before that court as expeditiously as possible at any rate on the same day itself after hearing the Assistant Public Prosecutor of that court. So the petition is disposed of as follows:

If the petitioner surrenders before the concerned magistrate court in the above case and moves for recalling the non-bailable warrant issued against him and release him on bail, then the learned magistrate is directed to dispose of the applications if any filed for the above purpose as expeditiously as possible on the same day itself after hearing the Assistant Public Prosecutor of that court.

With the above observation, the application is disposed of. Office is directed to communicate this order to the court below forthwith.