IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4201 of 2008() ------------------------- C.C.NO.768/07 OF J.F.M.C-I, KOTTAYAM CRIME NO.269/2007 OF KOTTAYAM EAST POLICE STATION PETITIONER(S): 2ND ACCUSED -------------------------- BINDHU, D/O.V.C.MARY, AGED 33, RESIDING AT CHAKKUPURAIKKAL, ANANTHANAM, MANGANAM P.O. KOTTAYAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4201 of 2008 ------------------------------------- Dated this the 5th day of November, 2008 ORDER Petitioner, a woman, who faces indictment in a prosecution for offences punishable, inter alia, under Section 427 I.P.C (all offences alleged being bailable); who had entered appearance before the learned Magistrate and was enlarged on bail after cognizance was taken; who could not appear on 06.10.2008 after the matter was returned from the Lok Adalat consequent to failure of conciliation allegedly due to absence of the defacto complainant; against whom coercive processes have been issued by the learned Magistrate to procure her presence and who apprehends imminent arrest, has come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider her application for bail to be filed by her when she surrenders before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. No.4201 of 2008 2 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-