IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3990 of 2008() ------------------------- CC.113/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... (CRIME NO.385 OF 2004 OF TOWN SOUTH POLICE STATION,PALAKKAD) PETITIONER(S): 7TH ACCUSED: ------------------------------------------------ VIJAYAN, S/O. KOCHAN, MALLANKUDAM HOUSE, MANTHAMPULLY, MATHUR.P.O, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3990 OF 2008 ----------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R Petitioner, faces indictment as 7th accused in a prosecution for offences punishable, inter alia, under Sections 341 and 188 read with Section 149 IPC. Petitioner was earlier arrested and released on bail. But, subsequently reckoning him as absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Petitioner apprehends imminent arrest in execution of such processes. The petitioner has come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate 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 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 (Supra). It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the Crl.M.C. No. 3990 OF 2008 -:2:- 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 result, this petition is dismissed subject to the above specific observations. 4. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. R. BASANT, JUDGE ttb Crl.M.C. No. 3990 OF 2008 -:3:- Crl.M.C. No. 3990 OF 2008 -:4:-