IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 4100 of 2008() ---------------------------------------- C.P.NO.16/08 OF JUDICIAL FIRST CLASS MAGISTRATE II,ALUVA ........ (CRIME NO.33/06 OF KALAMASSERY POLICE STATION) PETITIONER(S): 2ND ACCUSED: ----------------------------------------------- SAIDHU MUHAMMAD, S/O.IBRAHIM, AGED 48 YEARS, PAREKKADAN HOUSE, NADAKKAVU, MALAYIDAMTHURUTH P.O., ALUVA. BY ADV. SRI.C.A.CHACKO SRI.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT: -------------------------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4100 of 2008 ------------------------------------------------- Dated this the 30th day of October, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.308 read with Sec.34 IPC along with the co-accused. The petitioner was not arrested at the crime stage or thereafter till now. He has not been enlarged on bail. Coercive processes have been issued against the petitioner by the learned Magistrate in the committal proceedings after taking cognizance. Such coercive processes are chasing the petitioner now. The petitioner apprehends imminent arrest. The petitioner has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Crl.M.C. No. 4100 of 2008 -: 2 :- Sukumari v. State of Kerala (2001 (1) KLT 22) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George and Sukumari (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George and Sukumari (supra). If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 4100 of 2008 -: 3 :-