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. 4192 of 2008() ------------------------- AGAINST THE ORDER IN IN CC 1108/2004 IN LP.23/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): ACCUSED ---------------------- ZIRAJUDHEEN V.M., S/O. MOHAMMED BASHER, VALIYAVEETTIL, KANJIRAPPALLY P.O., KOTTAYAM DISTRICT. BY ADV. SRI.V.S.AFSAL KHAN RESPONDENT(S): COMPLAINT:- -------------------------- STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERL OF POSECUOR, HIGH COURT OF KERLA,ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008 ALONG WITH CRL.MC NO.4202/08 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.4192 & 4202 of 2008 ---------------------------------------- Dated this the 5th day of November 2008 O R D E R The petitioner faces indictment in two prosecutions one under Sections 498A & 494 I.P.C and the other under the provisions of the Dowry Prohibition Act. In both cases, cognizance have already been taken. In the prosecution under Section 498A I.P.C, the petitioner had entered appearance and was enlarged on bail. In the other, the petitioner has not appeared so far. Coercive processes have been issued by the learned Magistrate against the petitioner in both cases. The former case - the one under Section 498A I.P.C has now been transferred to the list of long pending cases. Coercive processes issued by the learned Magistrate are chasing the petitioner now. The petitioner apprehends imminent arrest. He has now 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 Crl.M.C.Nos.4192 & 4202 of 2008 2 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 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) jsr Crl.M.C.Nos.4192 & 4202 of 2008 3 Crl.M.C.Nos.4192 & 4202 of 2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008