IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3711 of 2008() -------------------------------------- (S.T.C.1841/2007 OF J.F.C.M.I, MATTANNUR) PETITIONER: -------------------- KAPPIL THOMAS, S/O.CHERIYAN, KAPPIL HOUSE, RANDAMKADAVU P.O., VANIYAPPAR, KANNUR DISTRICT. BY ADV. SRI.JIJI THOMAS SMT.SMITHA JIJI PAMBACKAL RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3711 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 138 of the N.I. Act, who has not appeared before the learned Magistrate so far, 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 have already been issued by this Court in the decision in Alice George (supra). I am not satisfied that any special or separate Crl.M.C.No. 3711 of 2008 2 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 petitioner. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm