IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 421 of 2009() ------------------------ CRIME NO.313/07 OF EZHUKONE POLICE STATION C.C. 147/08 OF THE J.F.M.C.-I, KOTTARAKKARA PETITIONER: --------------- DEEPU @ KANNAN, AGED 23 YEARS, S/O.THAMARAKSHAN, KAVITHA, NEAR ANCHAL POLICE STATION, ANCHAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION KOLLAM DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 421 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 326 r/w. 34 I.P.C. Cognizance was taken. The petitioner was not arrested at the crime stage or thereafter. Reckoning him as an absconding accused, final report has been filed. After taking cognizance the learned Magistrate has chosen to issue summons and not warrant under Section 204 Cr.P.C. The petitioner is to appear before the learned Magistrate on 3.2.2009. Instead of appearing before the learned Magistrate and seeking regular bail, the petitioner has come rushing to this Court seeking directions under Section 482 Cr.P.C. 2. What is the direction that the petitioner wants this Court to issue under Section 482 Cr.P.C.? The learned counsel for the petitioner submits that there may be a direction to the learned Magistrate to follow the dictum in Sreekumar v. State of Kerala (2008 (3) KLT 748) and grant the petitioner regular bail. Crl.M.C.No. 421 of 2009 2 3. I am afraid the prayer is misconceived. In Sreekumar (supra) binding dictum is laid down. I am not persuaded to agree that in every subsequent decision this court must issue directions to follow the binding dictum in a precedent decision. I have no reason to assume that the dictum in the said case shall not be followed. The petitioner must apply for bail and the learned Magistrate must pass an order on such application on merits. 4. This Crl.M.C. is accordingly dismissed, but with the specific observation that when the petitioners appear and apply for bail, such application must be considered on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the decision referred above as also the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). (R. BASANT) Judge tm