The court reinforced that the discretion to grant bail rests solely with the trial Magistrate based on the facts of each individual case.

ORDER

1.The petitioner is the 2nd accused in L.P.No.11 of 2015 on the files of the Judicial Magistrate of 1st Class - I, North Paravur. He along with two others were indicted for having committed offences punishable under Sections 3 (1), 4(1) and 7(1)(b) of the Immoral Traffic (Prevention)

Act, 1956.

2.It is submitted by the learned counsel that the 1st accused is no more and the whereabouts of the 3rd accused is not known. The petitioner was initially enlarged on bail and later he had gone abroad to eke out his livelihood. The petitioner now wants to surrender before court below and the prayer in this petition is to issue necessary directions to the court below to consider his application for recall of warrant and grant of bail on the date of surrender and to grant him bail.

3.This court in exercise of powers under Section 482 of the Code of Criminal Procedure will not be justified in interfering with the discretion of the learned Magistrate in granting bail.

4.It is for the petitioner to approach the learned Magistrate and appraise the reasons for his absence and to seek for recalling the warrant and grant of Bail. There is no reason for this court to assume that the learned Magistrate will not exercise his discretion judicially and in accordance with law.

5.In the result, the petitioner is directed to surrender before the trial court within 30 days from the date of this order and prefer application for recall of warrant and also for grant of bail with advance notice to the learned Prosecutor concerned. In that event the learned Magistrate is directed to consider and dispose of the said application, preferably on the same day itself, on its merits and in accordance with law.

Petition is disposed off as above.