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Judgment
M. Sasidharan Nambiar, J.—Petitioner had earlier approached this Court by filing Crl. M.C. Nos. 3253/2009 and 3254/2009 for a direction to the Magistrate to consider the application for bail on the date of surrender. By Annexure-1 order, it was made clear that as there is no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court, no direction is warranted. Thereafter, Petitioner surrendered before Assistant Sessions Judge, Payyannur. By Annexure-2 order, the bail application was rejected. This petition is filed u/s 482 of Code of Criminal Procedure to grant bail and to direct Assistant Sessions Judge to hear the Petitioner on the next posting date on the claim for discharge.
Learned Counsel appearing for the Petitioner was heard.
When an application for bail is rejected, remedy of the Petitioner is not to file a petition u/s 482 of Code of Criminal Procedure, but to approach the superior court for bail. Hence, Petitioner is granted liberty to seek bail before the appropriate court.
Assistant Sessions Judge, Payyannur is directed to hear the prosecution and the defence on the question of discharge u/s 227 of Code of Criminal Procedure and decide whether Petitioner is to be discharged or charge is to be framed expeditiously.
Petition is disposed.