IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4184 of 2008() ------------------------- SC.152/2008 of I ADDL. SESSIONS COURT, KOLLAM .................... PETITIONER(S): --------------- ABDUL SHUKOOR , S/O. ABDUL RASHEED, AGED 53 YEARS, NIYAS MANZIL, NADAKKAL CHERRY, KALLUVATHUKKAL VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KREALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4184 of 2008 ------------------------------------------------- Dated this the 5th day of November, 2008 ORDER The petitioner, who faces indictment in a prosecution for offences punishable under Secs.120B and 489B & C read with Sec.34 IPC; who had earlier appeared before the Sessions Court and the case against whom has been committed to the Court of Session and numbered; who did not/could not appear before the learned Sessions Judge allegedly on account of the compulsion of his employment abroad; against whom coercive processes have been issued by the learned Sessions Judge to procure his presence and who apprehends imminent arrest in execution of such processes, 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 Crl.M.C. No. 4184 of 2008 -: 2 :- 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 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. 4184 of 2008 -: 3 :- (R. BASANT, JUDGE) Nan/