IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4279 of 2008() ------------------------- SC.202/2001 of SESSIONS COURT, THALASSERY .................... PETITIONER(S): ACCUSED NO.4 --------------------------- THOLIKKARENTE KUTHIRUMMAL RAFEEQUE, S/O. ABDUL RAHIMAN, AGED 25 YEARS, RAMANTHALI, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4279 of 2008 ---------------------------------------- Dated this the 11th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 395 I.P.C. Some of the co- accused who faced trial were found not guilty and acquitted. The petitioner was not available for trial. The petitioner has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued. Though several other reliefs are claimed at the stage of arguments, the learned counsel for the petitioner submits that the petitioner shall be satisfied if there is a direction to the learned Sessions Judge to comply with the directions in Alice George vs.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 Sessions Judge 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 Crl.M.C.No.4279/08 2 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. The learned counsel for the petitioner submits that the petitioner is employed abroad and there may be a direction for expeditious disposal of the case or in the alternative a direction to permit the petitioner to appear through counsel. It is for the petitioner to make such request before the learned Sessions Judge. Such request must be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. No further or specific directions appear to be necessary. 3. In the result, this petition is dismissed subject to the above specific observations. 4. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Sessions Judge. (R.BASANT, JUDGE) Crl.M.C.No.4279/08 3 jsr Crl.M.C.No.4279/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008