IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3943 of 2008() -------------------------------------- (CRIME NO.245/2000 OF KUTHUPARAMBA POLICE STATION) PETITIONER:ACCUSED: ------------------------------------- ELAMBILAYI VINODKUMAR, S/O.SEKHARAN, THUNDIYIL HOUSE, MANATHERI AMSOM, DESOM, POOVANTHUMKHEEYIL, THALASSERY TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT: ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3943 OF 2008 ----------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R Petitioner who faces indictment in a Sessions trail; who has already been enlarged on bail by the Sessions Court; whose case was posted to 30.06.08; who was allegedly directed on 30.06.08 to appear in court next on 19.09.08, though his case was actually posted to 19.08.08 and later to 05.09.08 and 17.09.08; who had appeared before the court on 19.09.08 and had come to know that for his omission to appear on 19.08.08,05.09.08 and 17.09.08, coercive processes have been issued against him and who apprehends imminent arrest in execution of such processes, has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Sessions Judge to comply with the directions in Alice George vs.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 Sessions Judge on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C. No. 3943 OF 2008 -:2:- 2. Sufficient general directions have already been issued in Alice George (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 (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 peculiar facts and circumstances of this case, there shall be a direction that coercive steps against the petitioner shall not be executed till 30.10.08. On or before which day the petitioner shall appear before the learned Sessions Judge and file a proper application before the learned Sessions Judge to condone his absence on the last three days of postings. Appropriate decision shall be taken by the learned Sessions Judge on such application on the date of surrender itself. 4. In the result, this petition is dismissed subject to the above specific observations. Crl.M.C. No. 3943 OF 2008 -:3:- 5. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Sessions Judge. R. BASANT, JUDGE ttb Crl.M.C. No. 3943 OF 2008 -:4:- Crl.M.C. No. 3943 OF 2008 -:5:-