IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 4064 of 2008 ---------------------------------- ( C.P.58/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR) .................... PETITIONER/ ACCUSED NO.3: ------------------------------------------- P.MANSOOR, AGED 25 YEARS, S/O. MUSTAFA, 'PONNANKI' P.O.KATTAMPALLY, KANNUR DISTRICT. BY ADV. SRI.V.V.ASOKAN, ADV. SRI.P.P.RAMACHANDRAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, (S.H.O BALIYA PATTAM) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4064 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Section 436 I.P.C., who has not been arrested at any prior stage, against whom cognizance has been taken and committal proceedings registered initially and later the same was transferred to the list of long pending cases, against whom coercive processes have now been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) 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 Crl.M.C.No. 4064 of 2008 2 have already been issued by this Court in the decision cited above. 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 already issued. I have no reason to assume that the learned Magistrate shall not follow the decision referred above. 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. 4. Hand over the order. (R. BASANT) Judge tm