O R D E R

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 CC No. 53/2021 on the file of Chief Judicial Magistrate, Ernakulam arising from Crime No. 1290/2020 of Ernakulam Central Police Station.

3. The lower court issued a warrant to the petitioner and petitioner apprehend that, if he surrender before the court below, he will be remanded without considering the Bail Application.

4. The learned 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, he would be remanded to judicial custody. In