IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 4001 of 2008() ----------------------------------- C.P. NO.89/06 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM. ..... PETITIONER(S): ACCUSED ------------------------ AYYAPPAN, S/O. BHAHULAYAN, TRHEKKEMUTTU, THEKKETHIL TEMPLE, KAZHAKOOTAM, THIRUVANANTHAPURAM BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): ------------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4001 of 2008 ---------------------------------------- Dated this the 24th day of October 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable under Section 308 I.P.C; who has not entered appearance before the court at any stage till now; against whom committal proceedings has already been registered; against whom coercive processes have been issued by the learned Magistrate to procure his presence and who apprehends imminent arrest in execution of such processes has 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 Sukumari v. State of Kerala [2001(1)KLT 22]) 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. 2. Sufficient general directions have already been issued in Alice George and Sukumari (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 and Sukumari (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. 3. In the result, this petition is dismissed subject to the above specific observations. 4. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008