IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3575 of 2008() ------------------------- CRIME NO. 580/06 OF KALAMASSERRY POLICE STATION PETITIONER(S): ACCUSED NO.6 --------------------------- SUDHEER BABU, S/O. GOPINATHAN, AGED 29 - YEARS, 22/474, MULLAPPADAM ROAD, H.M.T. JUNCTION, KALAMASSERRY. BY ADV. SRI.C.AJITH KUMAR (KALLESSERIL) RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,(CRIME NO 580 OF 2006 OF KALAMASSERRY POLICE STATION) BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3575 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008 O R D E R The petitioner, along with the co-accused, faces allegations for offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. Altogether there are nine accused, it is submitted. Accused 1 to 5 were arrested, remanded and later enlarged on bail. Accused 7 to 9 have already been granted anticipatory bail. The petitioner has not been arrested so far. He is willing to surrender before the Magistrate and seek regular bail. He apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He prays that appropriate direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) 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 Crl.M.C.No. 3575 of 2008 2 have already been issued by this Court in the decision in Alice George (supra). 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 in Alice Georg (supra). I have no reason to assume that the learned Magistrate shall not follow the decision in Alice Georg (supra). 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. 5. Hand over the order to the learned counsel for the petitioner for production before the learned Magistrate. (R. BASANT) Judge tm