Judgment · High Court

P.S.GOPINATHAN, J.----------------------------Crl.M.C.No. 692 of 2012---------------------------Dated this the 5th day of March, 2012ORDERIn this petition under Section 482 of the Code of CriminalProcedure, the petitioner, who is the accused in C.C.634 of 2011 onthe file of the Judicial Magistrate of the First Class, Kothamangalam, for offence under Section 118(a) of the Kerala Police Act, 2011,seeks an order directing the Lower Court to consider his applicationfor bail on the date of surrender.2. Having heard either side, I find that the petitioner failed toappear before the trial court on the posting date and coercive stepsare pending against him. However, there is nothing on record tocome to a conclusion that in the event the petitioner surrendersbefore the trial court and applies for bail, he would not get a justand fair disposal of his application for bail. Since the offencealleged is a bailable one, even an application for bail or orderthereon is not warranted to release the petitioner on bail. But, thepetitioner has to furnish bail to the satisfaction of the trial court. Crl.M.C.No. 692 of 2012 2Therefore, this petition is a misconceived one. However, thispetition is disposed of directing the petitioner to surrender beforethe trial court on the next posting date or on any other date as maybe determined by the trial court and apply for recalling warrant andto release on bail, which the learned Magistrate shall dispose of onmerits, preferably on the same day, provided due notice is given tothe Assistant Public Prosecutor.P.S.GOPINATHAN,JUDGEcms