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. 4119 of 2008() ------------------------- CRIME NO. 107/02 OF ERNAKULAM TOWN SOUTH POLICE STATION CP.34/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONERS/A4 & A5: -------------------------------- 1. RINEESH, AGED 31 YEARS, S/O. CHANDRAN VAZHAKKOTTU VEETTIL, NEAR ANCHUMANA TEMPLE PADIVATTOM KARA, EDAPALLY SOUTH VILLAGE ERNAKULAM DIST. 2. JOHN @ BIJU, AGED 35 YEARS, S/O. GEORGE PALLIPARAMBIL VEETTIL, PONEKKARA DESOM EDAPALLY NORTH VILLAGE, ERNAKULAM DIST. BY ADV. SRI.C.AJITH KUMAR (KALLESSERIL) SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENT(S): --------------- STATE OF KERALA, (REP. BY SUN INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION - 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. 4119 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioners face indictment as accused 4 and 5 in a crime alleging offences punishable, inter alia, under Section 395 I.P.C. One of the petitioners was released on bail at the crime stage, but the other has not been arrested and released on bail so far. Cognizance has been taken. Committal proceedings has been registered. The petitioners have not appeared before the learned Magistrate and their non-appearance is allegedly on account of the fact that no notice, process or summons of the court had ever been served on them. Coercive processes have been issued against them by the learned Magistrate. They apprehend imminent arrest. They 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 dicta in Alice George v. Crl.M.C.No. 4119 of 2008 2 Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. State of Kerala (2001 (1) KLT 22). 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 referred above. It is not necessary for this Court to issue directions under Section 482 Cr.P.C. to the Magistrate to comply with the directions issued already. 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