IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4208 of 2008() ------------------------- CC.235/2006 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): --------------- JOJI GEORGE, S/O. GEORGE, ORAKANAM KUZHIYIL, VELLOORE VILLAGE, IRUMBAYAM KARA, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.FRANCIS JOSEPH KURISINKAL SRI.REJI JOSEPH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4208 of 2008 ------------------------------------------------- Dated this the 6th day of November, 2008 ORDER The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Sec.452 IPC; who was earlier enlarged on bail; against whom coercive processes have been issued by the learned Magistrate to procure his presence consequent to his later absence; who apprehends imminent arrest in execution of such processes and who appears to claim that the matter has been settled between the parties, has now come before this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law Crl.M.C. No. 4208 of 2008 -: 2 :- and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George (supra). I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions in Alice George (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. This application is dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4208 of 2008 -: 3 :-