IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Crl.MC.No. 3686 of 2008() ------------------------- CRIME NO. 72 OF 2004 OF CHATHANNOOR POLICE STATION PETITIONER: --------------- NOORUDHEEN, AGED 25 YEARS S/O. MEERASHIBK NOORGI NIVAS PALLIMON CHERRY, PALLIMON VILLAGE KOLLAM DIST. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHATHANNOOR. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3686 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2008 O R D E R The petitioner, who faces indictment for offences punishable under Sections 308 and 324 r/w. 34 I.P.C., who had allegedly secured anticipatory bail from the Sessions Judge, who has not been arrested or released so far, who has not appeared before the learned Magistrate till now, whose case has been transferred to the list of long pending cases and against whom a warrant of arrest has been issued to procure his presence, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions Crl.M.C.No. 3686 of 2008 2 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 Georg (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice Georg (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm