IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3908 of 2008() ------------------------- CC.470/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): --------------- K.K.MOHANAN, 50N YEARS S/O.KUTTAN, KALLATHUVALAPPIL HOUSE KECHERI PO., TRICHUR. BY ADV. SRI.M.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KUNNAMKULAM POLICE STATION (CRIME 27/05) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3908 of 2008 ---------------------------------------- Dated this the 20th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 326 I.P.C; who was not able to appear before the court on 06/09/2008 when the case was called; who contends that his inability to reach the court when the case was called was on account of the fact that he was unable to wade his way through the crowd and reach the court in time; against whom coercive processes have been issued by the learned Magistrate to procure his presence; the case against whom stands posted to 10/12/2008 now and who apprehends imminent arrest 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 Crl.M.C.No.3908/2008 : 2 : court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every 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. In the result, this petition is dismissed subject to the above specific observations. 4. There shall be an interim direction that the warrant of arrest issued against the petitioner shall not be executed till 31/10/2008. On or before that date, the petitioner shall appear before the learned Magistrate and seek regular bail. His application for regular bail, if filed after giving sufficient prior notice, shall be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008