IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4210 of 2008() ------------------------- CC.165/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): --------------- 1. K.A.MOHAMMED, MANAGING PARTNER M/S.ASSOCIATED PLASTIC INDUSTRIES SHED NO.B/45, GOVT.INDUSTRIAL ESTATE, OLLUR, THRISSUR-680306. 2. K.A.RAZAK, PARTNER, M/S.ASSOCIASTED PLASTIC INDUSTRIES SHED NO.B/45, GOVT.INDUSTRIES ESTATE, OLLUR, THRISSUR-680 306. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): --------------- 1. M/S.RACYAL POLYMER DISTRIBUTORS ROCK HILL BUILDING, BANERJI ROAD, COCHIN-18, REP. BY MANAGING PARTNER DR.SAVIER MATHEW S/O.E.V.MATHAI, EDAKKATTUKUDY HOUSE RAMALLOOR, KOTHAMANGALAM, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4210 of 2008 ------------------------------------------------- Dated this the 6th day of November, 2008 ORDER The petitioners, who face indictment in a prosecution for offences punishable under Sec.138 of the Negotiable Instruments Act; who had earlier entered appearance and were enlarged on bail; against whom, on account of their subsequent non-appearance, coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest in execution of such process, have 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 petitioners' applications for regular bail are considered on merits, in accordance with law and Crl.M.C. No.4210 of 2008 -: 2 :- 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 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. 3. This application is dismissed, but with the above specific observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.4210 of 2008 -: 3 :-