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. 4440 of 2008() ------------------------- AGAINST THE ORDER IN LPC 116/2008 IN CP.235/2007 of JUDL. FIRST CLASS MAGISTRATE COURT I, KASARAGOD .................... PETITIONER(S): ------------------------ AMEER @ AMMI , AGED 23 YEARS, S/O.MOHAMMED, ADUKATH VAIL, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY SHO KASARAGOD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB 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.4440 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 308 r/w 149 I.P.C; who allegedly was enlarged on bail at the crime stage; who, after filing of the final report and registration of the committal proceedings against whom, has not so far appeared before the learned Magistrate; the case against whom has 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 in execution of such processes, 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. Crl.M.C. No.4440 of 2008 2 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 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. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-