This application filed under Section 482 of the Code of Criminal Procedure depicts how judicial insensitivity can result in grave miscarriage of justice. The power and majesty of magistracy may be an alluring proposition, especially in a mofussil area. But the judicial officers occupying the seat of justice must always remember that they are dealing with problems of human beings. Insensitivity and insouciance bordering on callous apathy to human feelings may result in extreme mental torture to those who are unwittingly dragged to a criminal court.

2. In the instant case a young man, who was involved in a road accident while he was away from his home town, had to face the wrath of a Magistrate. Resultantly, he was banished to judicial custody for a day. The learned Magistrate probably had the satisfaction that he had shown his Magisterial powers and given vent to his judicial wrath. But at what cost?

3. On February 8, 2003 the petitioner, his parents and sister were proceeding to Chandrapur in Maharashtra through National Highway 47. The petitioner was driving the car which got involved in a road accident. According to the petitioner, an autorickshaw which was coming from the opposite direction suddenly took a turn to a pocket road on his right without giving any signal. Resultantly petitioner had to stop his car suddenly but by that time, another car which was coming from behind the autorickshaw dashed against petitioner's vehicle resulting in grievous injury to the head and right eye of his father (ultimately he lost his vision permanently due to the injury). Petitioner's sister who was sitting in the rear seat, sustained a fracture on her right foot. His mother suffered injuries on her eye. Petitioner had also sustained a ligament injury to his right leg. To make a long story short, petitioner, his parents and sister who were rushed to Fort Hospital, Palakkad, had to be shifted to K.G Hospital, Coimbatore. According to the petitioner, the matter was reported to Kasba Police not only by him, but by his father as well, through his communication dated February 18, 2003.

4. Later, the petitioner came to know that the Police had registered a case against him, and not against the real culprits. Therefore, the petitioner had filed a private complaint against the real offender before the competent court at Palakkad. The said complaint was referred to the Police for investigation under Section 156 (3) of the Code. Crime No.77/2003 was registered by Kasba Police in this connection. In the meanwhile, in the crime registered against the petitioner for offences punishable under Sections 279, 337 & 338 I.P.C. (Crime No. 28/2003), the petitioner was released by the police on bail. According to the petitioner, his father had resigned from his job in Maharashtra shortly after the accident and the family had settled down in Thrissur permanently.

5. In October 2004, petitioner got information that a non-bailable warrant had been issued by the Magistrate's Court against him. On enquiry it was revealed that the warrant was in connection with the case relating to the road accident. According to the petitioner, he had not received any summons or notice from the court in connection with the above case. He was advised that if he surrendered before the court, he may be remand to custody since a non-bailable warrant was pending against him. He was further informed that his bail application was likely to be considered only on the next day as that was the usual practice that was being followed by the court concerned.

6. Therefore, the petitioner filed a petition under Section 482 of the Code of Criminal Procedure before this court praying for an appropriate direction to the learned Magistrate to consider the bail application on the same day when he surrenders. By Order dated October 19, 2004 in Crl.M.C.No.2714/2004 this Court directed the petitioner to surrender before the court within 10 days from the date of the order. It was further directed t