IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 4032 of 2008() ------------------------- CP.39/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... (CRIME NO.321/03 OF WALAYAR POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------- MUHAMMED ASLAM, S/O.M.V.MOOSA, M.V.HOUSE, CHUNGAM, PAPPINISSERY, KANNUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.RAVIKRISHNAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4032 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 395 r/w. 149 I.P.C. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner, though he has secured anticipatory bail at the crime stage, has never been arrested thereafter, it is submitted. The petitioner has not appeared before the learned Magistrate after cognizance has been taken. Coercive processes have now been issued against the petitioner. He finds such processes chasing him. He apprehends imminent arrest. According to the learned counsel for the petitioner a further enquiry under Section 173(8) Cr.P.C. has already been ordered. The petitioner has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Crl.M.C.No. 4032 of 2008 2 Sukumari v. State of Kerala (2001 (1) KLT 22) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 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 decisions cited above. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decisions referred above. If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm