IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3897 of 2008() ------------------------- CC 544/07 OF J.F.C.M KAYAMKULAM PETITIONER(S): --------------- JESSY ALEX VALLIYAKALAYIL HOUSE, NO.3, SREE NAGAR LANE, MUTTADA P.O., PARUTHIPPARA, THIRUVANANTHAPURAM - 695 025. BY ADV. SRI.K.RAVEENDRAN SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNNI RAJ, JYOTHI, CHERUVALLY, KAYAMKULAM PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3897 of 2008 ---------------------------------------- Dated this the 20th day of October 2008 O R D E R The petitioner, a woman, who faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act; who allegedly has not been served with any notice or summons or process of the court; against whom reckoning her as an absconding accused, coercive processes have been issued by the learned Magistrate to procure her presence and who apprehends imminent arrest has come to this court now 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 Jain Babu v. Joseph [2008(4) KLT 16] and to consider her application for bail to be filed by her when she 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 and Jain Babu (Supra). It is not crl.M.C.No.3897/08 : 2 : necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George and Jain Babu (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. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008