IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4109 of 2008() ------------------------- CRIME NO. 302/06 OF KADAKKAL POLICE STATION CC.1481/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONERS --------------- 1. JAYA LAL, EDATHARA MURIYIL KADAKKAL VILLAGE, KADAKKAL KOTTARAKKARA. 2. ARUN KUMAR, DO. DO. BY ADV. SRI.V.PREMCHAND RESPONDENT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4109 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioners, who face indictment in a prosecution for offences punishable, inter alia, under Section 326 r/w. 34 I.P.C.; who have not appeared before the learned Magistrate at any stage so far; against whom coercive processes have been issued by the learned Magistrate to procure their presence and who apprehend imminent arrest have come to this court with this petition for issue of a direction under Section 482 Cr.P.C. to direct the Magistrate to consider their bail applications on merits, in accordance with law and expeditiously – on the date of surrender itself, in accordance with the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 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). It is not necessary for this Court to issue Crl.M.C.No. 4109 of 2008 2 directions under Section 482 Cr.P.C. to the Magistrate to comply with the directions in Alice Georg (supra). Every court must do the same. If there be non-compliance, the avenues of challenge/complaint are available to the petitioners. 4. This application is accordingly dismissed, but with the above specific observations. (R. BASANT) Judge tm