IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Crl.MC.No. 3456 of 2008() ------------------------- ST.2190/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONER: ------------ K.V.BALAN, S/O.CHATHU, KANNAMBILLI HOUSE, KACHERY, IRINGANOOR VADAKARA, CALICUT. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3456 of 2008 ---------------------------------------- Dated this the 17th day of September 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act and against whom warrant of arrest has been issued by the learned Magistrate to procure his presence, complains that his absence was not wilful. He is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to consider his application for bail in the light of the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. 2. Sufficient general directions have already been issued in Alice George (Supra). I am not persuaded to agree that in each individual case directions have now got to be issued to the subordinate judiciary to follow the dictum in Alice George (Supra). Every court must do the same. If the same is not Crl.M.C.No. 2 followed, certainly the petitioner shall have the option to complain before superior courts. 3. In the result, this Crl.M.C is dismissed; but subject to the above observations. 4. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No. 3 Crl.M.C.No. 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008