IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4421 of 2008() ------------------------- CC.64/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR SPLIT FROM CC.NO.733/05 OF JFCM COURT, PAYYANNUR. CRIME NO.115/05 OF PERINGOME POLICE STATION. .................... PETITIONER(S)/4TH AND 7TH ACCUSED: --------------- 1. NASAR.K. AGED 27 YEARS, S/O. MOOSANKUTTY, KANNAKKARANI HOUSE, PERINGOME AMSOM, NEELIRINGA, PADIYOTCHAL. 2. IBRAHIM ANNA, AGED 41 YEARS, S/O. MOHAMMEDKUNHI, VAYAKKARA AMSOM, PADIYOTCHAL. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.H.O., PERINGOME. BY P.P. SRI.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4421 of 2008 ------------------------------------------------- Dated this the 18th day of November, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.452 read with Sec.149 IPC. They are arrayed originally as accused 10 and 17. Some of the co-accused have already faced trial. They have been found not guilty and acquitted. The case against the absconding accused, including the petitioners herein, was split up and re-filed. Coercive processes have been issued against the petitioners to procure their presence. The petitioners apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. They are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law Crl.M.C. No.4421 of 2008 -: 2 :- and expeditiously – on the date of surrender itself. They hence pray that appropriate directions may be issued under Sec.482 Cr.P.C. to the learned Magistrate to follow the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and consider their applications for regular bail on the date of surrender itself. 3. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioners. 4. This Crl.M.C. is dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/ Crl.M.C. No.4421 of 2008 -: 3 :-