IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4292 of 2008() ------------------------- C.C.NO.1116/05 OF J.F.C.M, ADOOR PETITIONER(S): PETITIONER/ACCUSED --------------------------------- SUNIL,C.KURIEN, MOOLAPPARAMBIL VEEDU, T.C.15/253,KANNAMOOLA, MEDICAL COLLEGE (P.O) TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4292 of 2008 ------------------------------------- Dated this the 11th day of November, 2008 ORDER Petitioner, who faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act which is initiated as early as in 2005; who has not so far entered appearance before the learned Magistrate on the plea that no notice, summons or processes was allegedly served on him; 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 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 Crl.M.C. No.4292 of 2008 2 [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under 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/-