IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4578 of 2008() ------------------------- LP.129/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): 3RD ACCUSED --------------- MOHAMMED FAROOK, S/O.IBRAHIM KUNJU, BISMILLAHI MANZIL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4578 of 2008 ---------------------------------------- Dated this the 26th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 3 of the P.D.P.P.Act. The petitioner was not arrested or enlarged on bail at the crime stage. Final report has already been filed. Two of the four co- accused have already been tried, found not guilty and acquitted. As the petitioner was not available, the case against the petitioner has been split up and the same has been transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate against the petitioner to procure his presence. He apprehends imminent arrest in execution of such processes. 2. The petitioner has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate 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 Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No.4578/08 2 3. 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 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. 4. In the result, this petition is dismissed subject to the above specific observations. 5. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.4578/08 3 Crl.M.C.No.4578/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008