IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4662 of 2008() ------------------------- C.C.NO.3/2004 OF J.F.C.M, PATTAMBI PETITIONER/1ST ACCUSED: --------------- NASSER S/O.KUNHALAVI, CHALLIYAMKUZHI VEEDU, CHUNDAMPATTA, PALAKKAD DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4662 of 2008 ---------------------------------------- Dated this the 2nd day of December 2008 O R D E R The petitioner along with two other accused faced indictment in a prosecution for offences punishable inter alia under Sections 447 and 427 I.P.C. All offences alleged are bailable. The co- accused who were available for trial were found not guilty and acquitted. The case against the petitioner has been split up and refiled. The petitioner has not entered appearance in that case, that is C.C.No.03/2004. Reckoning the petitioner as an absconding accused coercive processes have been issued by the learned Magistrate to procure his presence. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He was not available in India and it was not a case of his absconding or avoiding the process of the court. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. The petitioner has now come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to Crl.M.C.No.4662/08 2 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. 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. Though several other contentions are raised in the Crl.M.C, no other contention is pressed before me. I need only mention that the petitioner's option to raise all contentions before the learned Magistrate in the course of the trial shall remain unfettered by the dismissal of this petition. 5. In the result, this petition is dismissed subject to the above specific observations. 6. 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.4662/08 3 Crl.M.C.No.4662/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008