IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Crl.MC.No. 3625 of 2008() --------------------------------------- C.C.NO.588/04 OF JUDICIAL 1ST CLASS MAGISTRATE NO.II,HOSDURG ....... (CRIME NO.341/2001 OF BEKAL POLICE STATION) PETITIONER: ------------------- SHAJAHAN, S/O.ABOOBACKER, AGED 27 YEARS, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: -------------------------- 1. S.H.O., BEKAL POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.3625 of 2008 ------------------------------------- Dated this the 26th day of September, 2008 ORDER Petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Section of the Prevention of Damage to Public Property Act , who was not available for trial along with the co-accused who have been tried and by now been acquitted; and against whom coercive processes have been issued by the learned Magistrate to secure his presence, has now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The 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. 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Crl.M.C. No.3625 of 2008 2 Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-