IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3941 of 2008 ---------------------------------- ( CC.NO. 775/2008 OF JUDL. FIRST CLASS MAGISTRATE COURT , MAVELIKKARA) .................... PETITIONERS: --------------------- 1. MOHANAN, AGED 45 YEARS, NARUVINAL, VETTIYAR, MAVELIKKARA. 2. RAJESH, AGED 30 YEARS, NARAVANAL THEKKETHIL, RAJESH BHAVAN, ARANOOTTIMANGALAM.P.O., VETTIYAR, MAVELIKKARA. 3. RAJEEV, AGED 28 YEARS, -DO-, -DO-. 4. RAJAN, AGED 55 YEARS, -DO- , -DO-. 5. PUSHPAVALLY, AGED 48 YEARS, -DO-, -DO-. BY ADV. SRI. C. RASHEED. RESPONDENT: --------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3941 of 2008 ---------------------------------------- Dated this the 22nd day of October 2008 O R D E R The petitioners who face indictment in a prosecution for offences punishable inter alia under Section 452 (all other offences being bailable); who has not been arrested in the course of investigation; against whom final report has already been filed arraying him as an absconding accused; against whom on taking cognizance, the learned Magistrate has issued only a summons and not a warrant under Section 204 Cr.P.C; who has to appear before the learned Magistrate on 05/11/2008 and who apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously have come to this court for issue of directions under Section 482 Cr.P.C to the learned Magistrate to consider such application for regular bail on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the decisions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and Sreekumar v. State of Kerala [2008(3) KLT 748]. Crl.M.C.No.3941/08 2 2. Sufficient general directions have already been issued in Alice George and Sreekumar(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 and Sreekumar(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 petitioners. 3. 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 petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.3941/08 3 Crl.M.C.No.3941/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008