IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4600 of 2008() ------------------------- CC.469/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): --------------- 1. RAJAM, 46, D/O.ELSAMMA, KAVINVILA VEETTIL, NEERADIKONAM, POOZHANADU OTTASEKHARAMANGALAM VILLAGE. 2. JOY, AGED 43, S/O.FRANCIS, T.C.19/1383 PARAYATTUMOOLA, MUTTADA, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4600 of 2008 ---------------------------------------- Dated this the 27th day of November 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable under Section 420 read with 34 I.P.C. Cognizance was taken as early as in 2003 as can be seen from the number assigned to the case i.e.C.C.No.469/03. When the case was listed for trial on 14/10/2008, the petitioners did not appear. They were not represented by their counsel also. The learned Magistrate thereupon issued non-bailable warrants against the petitioners. The learned counsel for the petitioners submits the petitioners are absolutely innocent. Their absence was not wilful. There was a traffic jam and hence they could not reach the court in time. That is the reason why they were not present at the time when the case was called. 2. The petitioners have 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 their application for bail to be filed by them when they surrender 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 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. 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