ORDER :

The prayer in this Crl.M.C. is as follows:

“…. to direct the Judicial First Class Magistrate Court-VIII, Ernakulam, to positively consider the Annexure A4 surrender memo and Annexure A5 bail application filed by the petitioner/1st accused on a particular day that may be fixed by this Hon’ble Court.”

2. The petitioner is accused No.1 in Crime No.262/2023 of Maradu Police Station registered alleging offences punishable under Sections 451, 354, 323, 509 & 34 of IPC.

3. On 23.02.2023, the petitioner surrendered before the Judicial First Class Magistrate Court-VIII, Ernakulam, the Jurisdictional Court. He submitted a bail application along with a surrender memo. The bail application was numbered as Crl.M.P. No.862/2023. After hearing the learned counsel for the petitioner and the learned Assistant Public Prosecutor, the learned Magistrate refused permission to surrender before the Court. The learned Magistrate declined to consider the bail application moved by the petitioner, holding that the petitioner was not permitted to be in the custody of the Court. The learned Magistrate orally directed the petitioner to appear before the SHO concerned.

4. The course adopted by the learned Ma