IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4077 of 2008() ------------------------- AGAINST THE ORDER IN CC.269/2007 IN CC.49/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): PETITIONER ------------------------- ABDUL MUNEER,S/O.KUNHI MAHIN KUTTY HAJI AGED 32 YEARS,BUSINESS, NOW RESIDING AT MAGDOOMIYA MANZIL, KAMBAR,P.O.BADIYADUKKA, KASARAGOD DISTRICT. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. V.M.SALAHUDDIN, S/O.MAMMUNHI, AGED 28 YEARS KADUVA HOUSE, KAMBAR, SIRIBAGILU VILLAGE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4077 of 2008 ---------------------------------------- Dated this the 31st day of October 2008 O R D E R The petitioner who is one of the three accused in a prosecution for offences (all of them are said to be bailable); who was enlarged on bail at the crime stage; against whom coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest in execution of such processes has come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. 2. Sufficient general directions have already been issued in Alice George (Supra). It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every Crl.M.C.No.4077/2008 2 court is bound to do the same. I have no reason to assume that the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. The learned counsel for the petitioner submits that the marriage of the brother of the petitioner is scheduled to take place on 06/11/2008 and identical directions as were issued in favour of the petitioner's brother in Crl.M.C.No.3810/2008 may be issued in favour of the petitioner herein also. 4. I am satisfied that such directions can be issued. It is directed that coercive processes issued against the petitioner shall not be executed till 17/11/2008. On or before that date, the petitioner herein shall surrender before the learned Magistrate and seek regular bail. 5. In the result, this petition is dismissed subject to the above specific observations. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4077/2008 3 Crl.M.C.No.4077/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008