IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Crl.MC.No. 3496 of 2008() ------------------------- CC.129/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ------------ A.B.PRASAD, S/O.BALAKRISHNAN, AATTUKETTIL HOUSE,NATTIKA VILLAGE, PO, CHAVAKKAD TALUK THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: ------------- 1. PUSHKARAN, S/O. LATE SUKUMARAN, MANADAKATH HOUSE, NAIRTHARA, VADAKKENCHERRY DESOM, ALATHUR TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3496 of 2008 ------------------------------------------------- Dated this the 17th day of September, 2008 ORDER The petitioner, who faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act and against whom coercive processes have been issued by the learned Magistrate to procure his presence, has come to this Court for a direction under Sec.482 Cr.P.C. that his bail application must be considered on merits, in accordance with law and expeditiously as stipulated in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 2. I have no reason to assume that the learned Magistrate is not aware of the law declared in Alice George or that the learned Magistrate would not comply with the said directions. It is unnecessary for this Court in every subsequent case to direct the Magistrate to follow the dictum which has already Crl.M.C. No. 3496 of 2008 -: 2 :- been laid down in an earlier binding decision. The petitioner can cite Alice George before the learned Magistrate. In case, it is not followed, the petitioner can make a complaint about that before the superior authorities. At any rate, I am not satisfied that any specific directions need now be issued under Sec.482 Cr.P.C. 3. This Crl.M.C. is accordingly dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3496 of 2008 -: 3 :-