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. The petitioner is the accused in S.T.No.3810/2012 on the file of the Judicial First Class Magistrate Court, Payyannur. A warrant is pending against the petitioner. The petitioner is ready to surrender before the court below. The petitioner apprehends that, he will be remanded without considering his bail application.

3. 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.

4. 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, he would be remanded to judicial custody. In Biju v. State of Kerala, 2007 KHC 3436 : 2007 (