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. 4277 of 2008() ------------------------- CC.6/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): ACCUSED ---------------------- JUSTIN, S/O. APPACHAN, KONIPPATTU HOUSE, EDAVATTY.P.O, THODUPUZHA. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL 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.4277 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 inter alia under Section 393 I.P.C. The petitioner, it is stated, was on bail at the crime stage. Later, after cognizance was taken, he appeared before the court and was enlarged on bail by the court also. The petitioner could not appear before the learned Magistrate on 23/9/2008 as he was bed ridden. Coercive processes have been issued by the learned Magistrate against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 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 - on the date of surrender itself. Crl.M.C.No.4277/08 2 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 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. In the result, this petition is dismissed subject to the above specific observations. 4. In the peculiar facts and circumstances of this case, there shall be an interim direction that the coercive processes issued against the petitioner shall not be executed till 20/11/2008. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. 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.4277/08 3 Crl.M.C.No.4277/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008