IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4728 of 2008() ------------------------- LPC.170/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- NIYAS, S/O ABDUL RAHMAN, KALIYAMKODU, CHOORI, KUDLU VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4728 of 2008 ---------------------------------------- Dated this the 5th day of December 2008 O R D E R The petitioner faces indictment in a prosecution for the offences punishable inter alia under Section 324 read with 149 I.P.C. The alleged incident took place as early as in 2005. Final report has been filed. Cognizance has been taken. The petitioner was arrested and enlarged on bail at the crime stage, it is submitted. After registration of the case before the learned Magistrate, the petitioner has not entered appearance so far. Coercive processes have been issued against him. The petitioner apprehends imminent arrest in execution of such processes. 2. The petitioner has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the directions in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.4728/08 2 3. Sufficient general directions have already been issued in Alice George (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 (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 petitioner. 4. In the result, this petition is dismissed subject to the above specific observations. 5. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4728/08 3 Crl.M.C.No.4728/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008