ORDER

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. Petitioner is the accused in L.P.No.79/2016 on the file of the Chief Judicial Magistrate Court, Ernakulam arising from Crime No.2711/2012 of Central Police Station, Ernakulam.

3. The petitioner submits that the petitioner is ready to surrender before the jurisdictional court and if he surrender before the jurisdictional court, jurisdictional court may remand him without considering his bail application.

4. The Public Prosecutor submitted that no such apprehension is necessary and this court may not pass any direction to the lower court to release the petitioner on bail and that is a matter to be decided by the trial court.

5. This court in Vineeth Somarajan @ Ambadi v.

State of Kerala and another ( 2009 (3) KHC 471 ) relied on the dictum laid down by another learned Single Judge in Biju S. Praveen v. State of Kerala and Another ( 2007 (2) KLT 280 ) considered this point. It will be better to extract the relevant portion of Vineeth Somarajan's case (supra).

“14. The apprehension of the petitioner is that if he appears before the Trial Court,