IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4441 of 2008() ------------------------- CC.575/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... (CRIME NO.354/2003 OF THE KONNY POLICE STATION) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ BIJU, S/O.RAGHUNATHAN NAIR, GOVINDA VILASOM HOUSE, ARUVAPPALAM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON RESPONDENT(S): STATE: ---------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4441 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER Petitioner who faces indictment in a prosecution for offences punishable, inter alia, under Section 324 r/w 34 I.P.C; who has not so far appeared before the learned Magistrate; the case against him has now been transferred to the list of Long Pending Cases; against whom coercive processes have been issued by the learned Magistrate and who apprehends imminent arrest, has now come to this Court with this petition praying for issue of directions under Section 482 Cr.P.C to the learned Magistrate to comply with the dictum in Alice George v. The 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 v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for Crl.M.C. No.4441 of 2008 2 this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. The learned counsel for the petitioner submits that the co-accused have already been acquitted consequent to composition of the offences by the victim and that the victim is willing to compound the offences allegedly committed by the petitioner also. The petitioner along with the defacto complainant/victim can appear before the learned Magistrate and seek composition of the offences. Such application for composition must be considered by the learned Magistrate on merits, in accordance with law and expeditiously and only if such application is not disposed of for any compelling reason on that day, need the learned Magistrate go into the question of grant of bail to the petitioner. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. Crl.M.C. No.4441 of 2008 3 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-