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. 3639 of 2008() -------------------------------------- (LPC 33/2008 OF JUDICIAL 1ST CLASS MAGISTRATE, TALIPARAMBA) PETITIONER:ACCUSED: ------------------------------------ M.U.JOY, S/O.ULAHANNAN, AGED 40 YEARS, MUNDANKUNNEL HOUSE, ULIKKAL P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT:COMPLAINANT/STATE: --------------------------------------------------------- STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2008 ALONG WITH CRL.M.C.NO.3640 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. Nos.3639 and 3640 of 2008 ------------------------------------- Dated this the 26th day of September, 2008 ORDER The common petitioner in these two petitions, who faces indictment before two different courts, both under Section 138 of the Negotiable Instruments Act, who had appeared earlier before the learned Magistrates through counsel and against whom coercive processes have now been issued by the learned Magistrate, has now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrates to comply with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and to consider his applications for bail to be filed by him when he surrenders before the learned Magistrates 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. Nos.3639 and 3640 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 petitioners. 3. These Crl.M.Cs are, in these circumstances, dismissed, but with the above specific observations. 4. Hand over two copies of this order to the learned counsel for the petitioner for production before the courts below. (R.BASANT, JUDGE) rtr/-